Landlording - Eviction Hearing Wednesday, Need Advice (CDC)

[Joshua S.]

Here's the full story (skip to bottom for TLDR):

I do not have an attorney for this case. If you know of one that won't break the bank and can be ready by December 2, please let me know below, I know it's last minute. All statements mentioned in this story are made via email.

I rented to a couple for two years and never had any problems. In September 2020, the female tenant stated she was separating from her husband (the male tenant) and asked to be removed from the lease. I was fine with this as long as the male tenant was able to provide proof of income of more than the rent amount. He provided me with his VA Disability letter stating he received $2,144 per month from the VA and a paystub showing I allowed her to be removed from the lease and allowed her ex to sign a new lease. He paid the first month's rent, for October, on time with no issue.

On October 31, he emails me basically saying he quit his job and that he could pay $550 in rent. Then he emailed right after that saying he couldn't pay anything because he bent the rim on his car and had to get that fix and that he "needs his car." But then he sent another email saying he could "barely drive anymore."

When I said that the fact he gets $2,144 from the VA every month and is not able to pay anything is very concerning, he responded saying he didn't receive the full amount for his VA payment. Stating that there was money owed from his previous use of his GI bill that was taken out.

I told him that paying nothing was not an option. I told him to help him out I would lower his rent to $1,000 for the month (normal is $1,390) and that he could pay $700 now and then pay the remaining $300 before lease end. I also told him, to help get him back on track, I would also lower December's rent to $1,000. He said that wouldn't be a problem and that he would be able to pay within five days. On the fourth day, I contacted him asking if he was still on track to pay the $700 on the 5th. He stated he was supposed to be receiving the money that night, but that it was "up in the air." When I emailed him the next day asking for the money, he said he doesn't have it. 

So that night, I served him with a five-day pay or quit notice and let him know I had done so via email also stating that the previous offer I had made was rescinded. He stated that come December 1st, he would be receiving BAH with back pay and would be able to pay November and December's rent and the late fees. I told him that if he provided proof of this (saying a simple screenshot would suffice), I would take that into consideration. He said he would "look into" getting proof of his upcoming BAH payment. Up until this point, he has still provided nothing but emails. He also kept trying to make himself into a victim, saying he "hopes I wasn't kicking him out because he's a veteran," or that I "don't want a single guy living there." Which is absolutely ridiculous. My best friend is a disabled veteran and I would rent to anyone, as long as the rent is paid in full and on time. I also told him in the first email that he gets the benefit of the doubt with me specifically due to the fact that he is a veteran.

I also told him that if he did not pay rent, I was not able to cover both my mortgage and the mortgage on the rental property for an extended period of time, without enduring a financial hardship, and that it could possibly be foreclosed. He responded saying that my "inability to manage money to not be able to cover the mortgage is not his problem." The compete hypocrisy, lack of self-awareness, and utter gall is astounding, I know. LOL.

A week went by and I received nothing. I emailed him telling him that he still hasn't paid anything, or sent me any evidence that he would be able to, and he responded that "law dictates I can't evict him until December 31st." From what I know of Virginia Law, there is no law stating that I cannot evict a tenant for non-payment. I did find that the CDC completely overstepped its authority and ordered a blanket national moratorium on evictions until December 31, but at this point, I still had not received any official CDC Declaration from my tenant.

So I responded that he's made no effort to pay or to provide evidence that he will pay and that I would be filing the unlawful detainer the next day. So after leaving my other job, I went straight to the courthouse to file the unlawful detainer swearing under oath I had not received any official CDC declaration from my tenant. That night, I emailed the tenant telling him that this is the first time I've ever had to do this and I made him an offer stating that if was able to be out of the unit by November 25 and cleaned the unit as best he can (the downstairs carpet is destroyed), then I would pay him $500 and he could avoid a judgement in debt. He ignored this email completely.

So, I was going through my junk email, days later since I hadn't heard from him, and found another email from him stating that he received the court paperwork and that I "filed the eviction" the same day he sent me his CDC declaration. At this point I still hadn't received any CDC declaration and I asked him if he meant to send an attachment with that email. The way my Outlook is set up is that everything goes to my "Junk" folder that is not specifically put on the "Safe Senders" list. I thought it had added him to that list by replying to his first email, but apparently that only allows emails from the same subject (thread) to continue going to the inbox. I told him this as well and told him that I added him to the list and that all future emails should go to my inbox. I also asked him to resend the declaration. He sent me a screenshot of the email he sent showing an email with an attachment. I responded saying I would look for that specific email and reminded him that he has still made no effort to pay or provide evidence that he would be able to pay and that a screenshot (like the one of the email he sent me) of the BAH website would suffice.

I also let him know that with the impending hearing, I would require payment in full via a certified check or money order (which my lease gives me the right to do) and that I would be disabling payments through Cozy (online rent payment software) for the time being as they allow for partial payments.

Prefer information relating to Chesapeake, Virginia courts regarding eviction, but any information will be greatly appreciated, as this is my first eviction and I have no idea what to expect during the hearing. So even a layout of how the hearing will go will be useful. Thank you.

TLDR:

Tenant has not paid anything and has offered no evidence that he will be able to pay. Tenant has not provided any proof of a financial hardship or any proof of anything he has said for that matter. When asked repeatedly for any evidence he would be able to pay, as he stated multiple times, he became combative and started talking about the CDC order. He said he emailed me the CDC order the day I filed the unlawful detainer. I didn't receive it due to emails going to junk.

Some questions:

1. What are the odds I still receive a judgement in debt, considering he's paid nothing and made zero effort?

2. Law (VA Code § 8.01-471) dictates that a writ of eviction can be filed within 180 days of receipt of judgement. If I receive a judgement, am I able to use that judgement to obtain a writ of eviction on Jan 2, 2020, assuming moratorium doesn't get extended?

3. What are the odds the judge evicts the tenant and ignores the order, considering the tenant has made no effort to pay or provide any evidence of hardship or that he will pay?

4. Is it too late to get a lawyer? How much does it cost for something like this?

Thanks all!