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How COVID is Changing Landlord-Tenant Laws

Navigating the Changing COVID Landlord-Tenant Laws in Virginia

It is safe to say that the COVID-19 pandemic changed the rental industry in many ways. While some regulations were in response to the economic and public health crisis, many restrictions and questions still linger now that things are returning to normal. Landlords across the United States have struggled to keep up with mounting back rent payments, eviction moratoriums, and changing requirements for court filings. However, is there light at the end of the tunnel? Join us below as we review current COVID landlord-tenant laws affecting the state of Virginia and beyond.

Do COVID Landlord-Tenant Laws Still Restrict Evictions?

In September of 2020, the CDC issued a Temporary Halt on Residential Evictions to Prevent the Further Spread of COVID-19. After several extensions, the CDC further modified and extended the order until June 30, 2021. At this time, it is unknown if there will be yet another extension.

Essentially, the Eviction Moratorium means landlords may not evict any tenant that meets the CDC requirements due to non-payment of rent. Let’s review those requirements below –

Additionally, renters must have one of the following financial criteria to qualify for protection under the CDC eviction order –

However, protection under the order is not automatic. In fact, any tenant seeking eviction protection must complete a CDC Eviction Declaration Form. That said, each state handles these declaration requirements a little differently. So, always refer to the district court website in your jurisdiction for the most up-to-date information on COVID landlord-tenant laws.

What Happens if Owners Violate COVID Landlord-Tenant Laws

In short, violating any of the COVID landlord-tenant laws could result in landlords facing fines or criminal action, including jail time. However, it is important to note that states can enact their own laws or restrictions above and beyond the current CDC orders.

So, if a tenant does not qualify for protection under the circumstances above, the state may offer added protection to help prevent eviction. Therefore, checking with your local court is critical to complying with COVID landlord-tenant laws.

The Latest News is Changing COVID Laws

In several states across the US, lawyers challenge the validity of the CDC’s ban on evictions in court. These complaints allege, in part, that the CDC does not have the authority to force such an order on private landlords. The latest in this string of challenges happened in Washington DC in early May. Federal Judge Dabney Friedrich ruled to strike down the national eviction moratorium. Therefore, leaving millions of Americans at heightened risk of losing their homes earlier than expected.

Although the ruling has stayed pending CDC appeal, the case and ruling indicate that landlords have had enough and may have a legal leg to stand on. This could be great news for landlords struggling to stay afloat after months of unpaid rent and limited federal relief.

What Virginia Landlords Need to Know

While restrictions surrounding the COVID-19 pandemic remain, landlords in Virginia need to be aware of certain obligations. So, the help you stay compliant, check out these important considerations below –

Resources for Renters Needing Aid

Do your tenants need assistance with rent payments? To see if they are eligible for the Virginia Rent Relief Program (RRP), call 2-1-1 or visit dhcd.virginia.gov/eligibility. Also, be sure to check out Stay Home Virginia for additional information about the ongoing COVID pandemic efforts.

What Documents Do Renters Need When Applying for Relief?

Leave COVID Landlord-Tenant Laws to the Experts

Keeping up with ever-changing COVID landlord-tenant laws is a complex matter that not every landlord is up for. After all, not following the letter of the law can result in legal issues and expensive fines. Instead of handling the stress alone, reach out to the area’s fastest-growing Northern Virginia property management firm.

​ At Bay Property Management Group, our team stays up to date on the latest eviction regulations and landlord requirements to make sure your interests remain protected. If you need help navigating COVID landlord-tenant laws or want to see if you are getting the most from your investment, give us a call today.