© 2020 Williams Mullen All Rights Reserved. The federal, state and local guidance has largely focused on residential lease obligations but has not expressly addressed commercial lease obligations. D.C., Maryland and Virginia have put in place protections for renters and homeowners during the pandemic — but they aren't absolute, and won't last forever. Evictions and foreclosures have largely stopped during the pandemic, but that doesn't mean renters and homeowners can stop paying altogether. This article seeks to provide some clarity to commercial landlords about the current state-of-play under federal and state COVID-19 regulations and what lease enforcement actions currently are permitted. The Order says “[t]he court shall continue all civil, traffic and criminal matters, including jury trials, except for emergency and other matters as provided in this Order.” In other words, the Order requires courts to continue non-emergency matters but does not say that courts must refuse to accept such filings. Here’s What Renters Should Know., Wash. Post (Aug. 4, 2020), https://www.washingtonpost.com/business/2020/07/24/faq-federal-eviction-moratorium/. Add your phone to the fight here. [11] The tenant will have 21 days following this notice to remedy their noncompliance with the lease, or else the lease will terminate 30 days from the notice.[12]. Under these circumstances, a landlord must still issue notice to the renter in the form of a Virginia Notice to Quit. Here’s what you need to know if you are a Virginia renter struggling to make your rent payments during the COVID-19 crisis. This was the second time the Court extended its judicial emergency declaration for a 21-day period. [1] See, e.g. Submitted by dnokes on May 6, 2020 - 1:49pm. 05.06.2020 Commercial Lease Enforcement in Virginia during the COVID-19 Pandemic By: Tyler J. Rosá. The CARES Act does not address commercial leases. Monthly rent must be at … Policymakers fear what might happen if thousands were suddenly homeless during the pandemic. US HR 6515 (Apr. Policymakers fear what might happen if thousands were suddenly homeless during the pandemic. With uncertainty about the economy and thousands of Commonwealth residents out of work, many Virginians have been left wondering how they will handle their most significant monthly expense: the rent. Eviction Moratoriums Are Not a Get-Out-of-Rent-Free Card. Another law … While it is clear that the current COVID-19 crisis has touched every part of society and the economy, the governmental response and protections have not been uniform. By Cayley Urenko ... have been changes regarding what landlords can and can't do during the pandemic. [2] March 16, 2020, to April 6, 2020, http://www.courts.state.va.us/news/items/covid/2020_0317_supreme_court_of_virginia.pdf; April 6, 2020 through April 26, 2020, http://www.courts.state.va.us/news/items/2020_0327_scv_order_extending_declaration_of_judicial_emergency.pdf; June 8, 2020, to June 28, 2020, http://www.vacourts.gov/news/items/covid/2020_0608_scv_amendment_to_fifth_order.pdf. [10], Additionally, eviction hearings for issues other than rent payment are still in effect. [9] A landlord must use extreme caution in exercising self-help remedies, but it is at least possible for a commercial landlord with a UCC security interest in the tenant’s FF&E to repossess the premises and dispose of the secured collateral under the UCC without intervention by a court. Virginia’s Governor Ralph Northam is focused on keeping Virginians in their homes and ensuring people experiencing homelessness are provided shelter. You should ask for month-to-month lease—or, if your landlord won't negotiate, stay in your rental as a holdover tenant—until it's safer to move. If you do receive a notice from your landlord that you are being evicted, seek legal assistance. As we hit the point at which late fees are normally levied on people's rent, Virginia's attorney general is laying out the rights of tenants as evictions remain suspended amid the COVID-19 pandemic. Evictions During the Pandemic: find out about Minnesota’s eviction moratorium (the pause on evictions), the Center for Disease Control (CDC) national eviction moratorium, and the exceptions to these rules. Virginia’s effort to protect renters from losing their homes during the pandemic expires Monday. Alex Might was planning on heading home to Ohio soon to ride out the coronavirus pandemic with their father. Fax: 703-993-9540 The federal government (through its CARES Act), and some states and cities have eviction moratoriums in place. George Mason University The Order gives judges the ability to “exercise their discretion as necessary in determining whether the matter is urgent and must be heard without delay.” So, read as a whole, the Order does not appear to prevent a landlord from filing an eviction or unlawful detainer proceeding and getting in the queue to be heard once the judicial emergency is over. [10] See Resources for Renters, Stay Home Virginia, https://www.stayhomevirginia.com/renters. Until next time, Design your landlord experience, Michael P Currie CHARLESTON, WV (WOWK) — Not being able to pay bills is just one of the major issues during the coronavirus pandemic, and some landlords are threatening to evict their tenants. [4] 13NewsN Now Staff, Virginia Extends Rent, Mortgage Assistance Program as Pandemic Rent Freeze Ends, 13 News Now (June 26, 2020, 2:35 PM), https://www.13newsnow.com/article/life/virginia-extends-rent-mortgage-assistance-program-as-pandemic-rent-freeze-ends/291-57dd76ee-cae3-481b-a815-63df37f93833. This includes rent, ... Virginia: Evictions are paused statewide until April 6, 2020 by way of a court order. But there are protections in place right now to prevent them from being evicted. Rent Relief During The Coronavirus (Covid 19) Pandemic With the spread of the Coronavirus there are certain unavoidable circumstances that many businesses are having to address for the first time. Section 4024 imposes a temporary moratorium on eviction filings, charging late fees and issuing notices to vacate as to a “covered dwelling.” The defined terms in Section 4024, including covered dwelling, covered property and federally backed mortgage loans are all limited to residential properties and programs. Your rent or mortgage payment must be at or below 150% of Fair Market Rent, which is determined by the U.S. Department of … [5] However, a landlord taking possession of a property by self-help does not also gain the right to exercise its landlord lien over the tenant’s personal property without judicial process. Servicemembers Legal Clinic If you rent in Northern Virginia, M-VETS might be able to assist you or refer you to another pro-bono legal service that can. The Coronavirus has forced businesses out of traditional commercial leasing environments (like office and retail) into remote operations or simply shutting down completely. Va., Norfolk, 1981) (noting distress action is the remedy for properly enforcing a landlord’s lien) (citing United States v. Lawler, 201 Va. 686, 112 S.E.2d 921 (1960). “Effective August 10, 2020, and through September 7, 2020, pursuant to Va. Code § 17.1-330, the issuance of writs of eviction pursuant to unlawful detainer actions is suspended and continued.”[7]. If you can’t pay rent during the coronavirus pandemic, here’s what you should do: — Check your lease. Mason Veterans and The coronavirus has disrupted virtually every area of life. Virginia lawmakers passed legislation that caps late fees at 10 percent of your monthly rent or the remaining balance, whichever is less. Commercial Lease Enforcement in Virginia during the COVID-19 Pandemic. Phone: 703-993-8214 [4] The order does not limit its scope to residential eviction or unlawful detainer, so it presumably applies to both residential and commercial proceedings.

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