Business Law Insights

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:

On June 24, 2021, the CDC director extended the CDC moratorium through July 31, 2021. This is intended to be the final extension of the moratorium. Therefore, Landlords cannot evict tenants for failure to pay rent who provide the required declaration form until August 1, 2021.

On March 31, 2021, the Virginia General Assembly extended legislation requiring landlords with more than 4 rental units to offer payment plans to tenants before proceeding with evictions until July 1, 2022. Landlords with fewer than 4 rental units do not need to offer a payment plan, however they must give the 14-day pay or quit notice rather than the 5-day pay or quit notice that was previously in effect.

Governor Northam declined to extend rent-related restrictions in the 2020 Virginia State Budget beyond the expiration of the declared state of emergency. Therefore, landlords no longer need to provide tenants who have been negatively affected by the pandemic information regarding the Virginia Rent Relief Program, nor do they need to apply for relief before proceeding with an eviction.

It is important to note that these regulations only apply to evictions for failure to pay rent. They do not apply to evictions for non-rent related lease 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

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