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News & Press: Fairfax County COVID-19 Court Updates

CARES Act - Fairfax GDC Updates

Monday, June 29, 2020  
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For all pending unlawful detainer filings where a judgment has not been entered by the court, as well as new filings before July 25, 2020, pursuant to the Coronavirus Aid, Relief and Economic Security (CARES) Act, Public Law 116-136, Plaintiffs will be required to file the Affidavit for Unlawful Detainer Filing form with their Unlawful Detainer Summons (DC 421) as a precursor to obtaining judgment. This affidavit is in addition to any other required affidavits that are to be filed and/or served along with the unlawful detainer summons.

Also, for all cases filed before the March 27, 2020 enactment of the CARES Act, Plaintiffs seeking a Writ of Eviction who have not already filed an Affidavit for Unlawful Detainer Filing, will be required to file an Affidavit for Writ of Eviction Filing. For all pending Writs of Eviction (DC 469) filings currently being held by the court, Plaintiffs will be required to file a request asking the court to issue the Writ of Eviction.

A CARES Act Information Sheet with defined terms and potential resources to assist landlords is available.

In an effort to reduce the number of people coming to the courthouse, the Court strongly encourages landlords to follow the procedures set forth in Virginia Code Section 16.1-88 to eliminate the need for ex parte proof on the Return Date in the event of default. If the Plaintiff anticipates additional sums for rent will be due as of the return date, those sums should also be set out in that affidavit.

During the period of Judicial Emergency, if the unlawful detainer summons is not filed and served with an affidavit, the Court will accept evidence in support of a default judgment in the form of a subsequent affidavit in lieu of live witness testimony. This affidavit should also reflect any additional sums for rent due as of the court date if those amounts will be sought.

During the period of Judicial Emergency, all affidavits for both new filings and existing filings may be submitted under electronic signature.

The Procedures outlined above are temporary procedures to be employed during this pandemic period.

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