Business Law Insights

Attention Landlords:

In addition to providing the Statement of Tenant Rights and Responsibilities to new tenants, landlords filing for eviction in the Lynchburg General District Court must also certify that they have provided a copy of the statement to the tenants being evicted. This means that before seeking an eviction, landlords must provide a copy of the statement to tenants who entered leases prior to July 1, 2020, when the requirement was enacted. The Statement of Tenant Rights and Responsibilities can be found on the Virginia Department of Housing and Community Development website at https://www.dhcd.virginia.gov/landlord-tenant-resources.

At PLDR we are monitoring developments at the Federal, State, and local levels to ensure that you get the best advice regarding your landlord-tenant matters.

Luke Malloy square

 

Landlords continue to face confusion caused by a changing patchwork of state and federal regulations implemented as a result of the Covid 19 pandemic. Recently, several regulations have expired and others have been extended. Here’s what you need to know:

Following his inauguration, President Joe Biden directed the CDC to extend its current order temporarily halting residential evictions until at least March 31, 2021. The CDC order was enacted in September 2020, and was scheduled to expire on January 31, 2021. The order prevents landlords from evicting tenants who declare under penalty of perjury that they meet certain criteria. This means that landlords in Virginia must comply with both the CDC order and the Virginia General Assembly’s restrictions enacted in the 2020-2022 Budget Bill when evicting a tenant for failure to pay rent until at least the end of March. Importantly, neither the CDC order nor the Virginia restrictions prevent landlords from evicting tenants for non-rent violations. At PLDR we are monitoring developments from Richmond and Washington to ensure that you get the best advice regarding your landlord-tenant matters.

Luke Malloy square

A patchwork of regulations imposed in response to the Covid-19 pandemic has caused confusion among landlords and tenants regarding their rights and obligations under their lease agreements. As part of the latest Coronavirus relief package, Congress extended the CDC eviction moratorium through January 31. As part of the 2020-2022 budget bill, the Virginia General Assembly enacted restrictions on rent-related evictions that took effect on January 1, 2021. It is important to note that the Virginia and CDC restrictions only apply to non-payment of rent, therefore evictions for other violations such as criminal activity or property damage may proceed. This blog will focus on the requirements that landlords must meet before pursuing an eviction for failure to pay rent during the Governor’s declared state of emergency.

According to an announcement from Governor Northam, landlords can now apply for assistance for current and past-due rental payments dating back to April 1, on behalf of tenants who qualify for assistance under Virginia’s rental and mortgage relief program. The program uses federal funds from the CARES Act to help households facing eviction or foreclosure due to the pandemic. Now landlords can apply directly for relief under the program as well.

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