[5] Citing the risk of spreading the COVID-19 virus and the difficulty in hiring lawyers and accessing the courts remotely during the pandemic, the Court found in a 4-3 decision the virus may “‘substantially endanger[]’ or ‘impede[]’ the ‘ability of [tenants] to avail themselves of the court.’”[6], The order places a temporary restriction on courts that effectively disallows landlords from initiating eviction proceedings for failure to pay rent. There is not any pending federal legislation addressing commercial leases. [1] See, e.g. Show that you have an inability to pay rent or mortgage during the pandemic (a layoff, reduction in hours, or the loss of child or spousal support, etc). © 2020 Williams Mullen All Rights Reserved. Virginia’s effort to protect renters from losing their homes during the pandemic expires Monday. The eviction moratorium ends on September 7, 2020. If the lease does create a UCC security interest in the tenant’s property (often in the tenant’s furniture, fixtures and equipment or “FF&E”) as collateral, it is possible for the landlord to repossess and dispose of the tenant’s property through non-judicial means so long as it does not result in a breach of the peace. Eligible households must demonstrate difficulty in making rent or mortgage payments due to the COVID-19 pandemic. Under these circumstances, a landlord must still issue notice to the renter in the form of a Virginia Notice to Quit. At this time, there is no federal COVID-related law governing commercial leases. Add your phone to the fight here. Your monthly mortgage or rent must be at or below 150% fair market rent, and eligible households must have a gross income at or below 80% of area median income (AMI). Commercial Lease Enforcement in Virginia during the COVID-19 Pandemic. The August 10 order states that “this suspension and continuation shall not apply to writs of eviction in unlawful detainer actions that are unrelated to failure to pay rent.” This means that a landlord may still initiate eviction proceedings for other causes, such as a tenant causing major damage to the rental unit, allowing too many guests to stay overnight, or failing to comply with other obligations under the lease. Renters may seek financial assistance through the Virginia Rent and Mortgage Relief Program if they have experienced a loss of income due to COVID-19, have a rent or mortgage amount that is at or below 150% Fair Market Rent, and have a gross household income at or below 80% of their area’s median income. A landlord pursuing self-help remedies should exercise extreme caution and consult with legal counsel before doing so. [3] That day, Governor Ralph Northam started the Virginia Rent and Mortgage Relief Program with $50 million dollars supplied by the federal CARES Act, aimed at forestalling evictions and foreclosures for certain qualifying Virginians. Renters should save whatever income they can to avoid falling behind on future rent payments. [9] Renae Merle, A Federal Eviction Moratorium Has Ended. [1] At the beginning of the lockdowns in March, the Virginia Supreme Court ordered a moratorium on eviction hearings, which it then extended through modifications to the order several times. RICHMOND, Va. (WRIC) — A freeze on eviction and foreclosure proceedings is in effect in Virginia but some are calling for a cancellation of rent collection during the COVID-19 pandemic. Depending on availability of funds and household need, the RMRP may provide financial assistance for rent or mortgage payments for eligible households. Antonin Scalia Law School [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. [7] If a landlord does not go through the judicial process before seizing the tenant’s property pursuant to its statutory landlord lien, the landlord could be liable for an unlawful seizure of the tenant’s property.[8]. While the order offers some relief to Virginians who are behind on their rent, the eviction moratorium does not excuse a renter from paying rent. Landlords and tenants must cooperate and apply for rental assistance through the Virginia Rent and Mortgage Relief Program (RMRP) administered by the Department of Housing and Community Development. Policymakers fear what might happen if thousands were suddenly homeless during the pandemic. [10], Additionally, eviction hearings for issues other than rent payment are still in effect. Here's what to know about making rent amid the COVID-19 pandemic. West Virginia’s Attorney General Patrick Morrisey announced Thursday that his office has sent warning letters […] Eviction Moratoriums. Until next time, Design your landlord experience, Michael P Currie Our biggest concern during the COVID-19 pandemic is our health and the health of our loved ones. Servicemembers Legal Clinic [4] The order does not limit its scope to residential eviction or unlawful detainer, so it presumably applies to both residential and commercial proceedings. More relief for renters struggling to make their rent payments may be on the way. The Coronavirus has forced businesses out of traditional commercial leasing environments (like office and retail) into remote operations or simply shutting down completely. Here's some advice if you're struggling to make rent. The Governor is focused on the immediate public health need to keep Virginians in their homes and is seeking federal assistance for rent relief for COVID-19-impacted Virginians. 3301 Fairfax Drive, MS1 G3 [13] Landlords may be inclined to create payment plans with troubled renters to avoid turnover in a volatile market. West Virginia: The State Supreme Court has suspended all non-emergency proceedings, including housing-related matters, until April 10, and left open the possibility of extension. Having a roof over your head is important in the best of times, but during a pandemic, the idea of going without if you can’t pay your rent or mortgage is especially alarming. But there are protections in place right now to prevent them from being evicted. An anti-eviction activist group is promoting a “rent strike” in New York state during the COVID-19 pandemic. US HR 6515 (Apr. The federal, state and local guidance has largely focused on residential lease obligations but has not expressly addressed commercial lease obligations. This includes rent, ... Virginia: Evictions are paused statewide until April 6, 2020 by way of a court order. [8] See In re Balistreri, 8 B.R. 17, 2020). What to do about your rent during the COVID-19 pandemic. Arlington, VA 22201 A commercial landlord could avoid the judicial process if the lease also creates a UCC security interest for the landlord, as opposed to the statutory landlord lien described in the preceding paragraph. You are still responsible for paying rent during the coronavirus, unless you and your landlord come to an agreement that allows you to not pay (be sure to get any agreements in writing). [3] Changes to Rent, Mortgage, Eviction, and Foreclosure Policies in Response to the Coronavirus (COVID-19) Pandemic, 2020, Ballotpedia, https://ballotpedia.org/Changes_to_rent,_mortgage,_eviction,_and_foreclosure_policies_in_response_to_the_coronavirus_(COVID-19)_pandemic,_2020 (last updated Aug. 20, 2020). 703, 704-05 (E.D. [6] In Re: Amendment of Eighth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency, https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ORD-08-07-2020-Amendment-of-8th-DJE-order.pdf. The Virginia Rent and Mortgage Relief Program (RMRP) is designed to support and ensure housing stability across the commonwealth during the coronavirus pandemic. But now, it’s the landlords that are receiving threatening letters. Policymakers fear what might happen if thousands were suddenly homeless during the pandemic. 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. Please note: This alert contains general, condensed summaries of actual legal matters, statutes and opinions for information purposes. Additionally, compared to Virginia’s Yearly Median Gross Rent of $15,048, Loudoun’s Yearly Median Gross Rent of $22,512 is 50 percent greater than Virginia’s median rental price. Virginia law allows for self-help eviction without further legal process in the commercial context, provided that such eviction does not incite a breach of the peace. Here’s what you need to know if you are a Virginia renter struggling to make your rent payments during the COVID-19 crisis. Virginia’s Governor Ralph Northam is focused on keeping Virginians in their homes and ensuring people experiencing homelessness are provided shelter. 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). Fax: 703-993-9540 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. Many renters are facing tough financial times during the COVID-19 pandemic, and that has led to late rent payments. From June 29 to July 20, the program will prioritize households with current gross incomes equal to or below 50% of AMI. 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. The Virginia Department of Social Services, in conjunction with the Virginia Department of Health, are committed to the fight against COVID-19. In its second order, which continued the emergency declaration from April 6 to April 26, the Court expressly stated that writs of eviction and unlawful detainers are non-emergency matters that cannot be heard until after the judicial emergency is over. Under the current federal and state regulation, a commercial landlord may terminate a lease for failure to pay but will not be able to rely on judicial eviction until the declared judicial emergency is over and the courts work through the backlog of non-emergency cases. The difficulty then comes in seeking to enforce the lease termination and regain control of the property without timely judicial intervention. This was the second time the Court extended its judicial emergency declaration for a 21-day period. [1] Yuka Hayashi, “For Small Businesses With High Rents, Coronavirus Aid Falls Short,” Wall Street Journal (May 1, 2020). mvets@gmu.edu, Licensing and Easing the Burdens of Transition, Veteran Substance Use Dependence and Department of Veterans Affairs Rehabilitation Options, Applicant Intake Form for Military/VA Matters, Applicant Intake Form for Patriot Thursdays, Virginia Rent and Mortgage Relief Program, https://www.governor.virginia.gov/newsroom/all-releases/2020/august/headline-859818-en.html, http://www.courts.state.va.us/news/items/covid/2020_0317_supreme_court_of_virginia.pdf, http://www.courts.state.va.us/news/items/2020_0327_scv_order_extending_declaration_of_judicial_emergency.pdf, http://www.vacourts.gov/news/items/covid/2020_0608_scv_amendment_to_fifth_order.pdf, https://ballotpedia.org/Changes_to_rent,_mortgage,_eviction,_and_foreclosure_policies_in_response_to_the_coronavirus_(COVID-19)_pandemic,_2020, https://www.13newsnow.com/article/life/virginia-extends-rent-mortgage-assistance-program-as-pandemic-rent-freeze-ends/291-57dd76ee-cae3-481b-a815-63df37f93833, https://www.pilotonline.com/government/virginia/vp-nw-judicial-emergency-extended-20200820-6rmvtuet3fecroprgkcqhqzn44-story.html, https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ORD-08-07-2020-Amendment-of-8th-DJE-order.pdf, https://www.washingtonpost.com/business/2020/07/24/faq-federal-eviction-moratorium/, Veterans Law Pro Bono Project Intake Form, M-VETS Assists Air Force Reservist in Securing Return of Security Deposit, M-VETS Helps a Survivor of Military Sexual Trauma Clear Erroneous UCMJ Titling Decision, What Virginia Renters Need to Know About Failure to Pay Rent During the COVID-19 Pandemic, George Mason University Office of Military Services. On April 17, Congresswoman Illhan Omar introduced a bill titled the Rent and Mortgage Cancellation Act of 2020, which would “suspend obligations of residential renters and mortgagors to make payments during the COVID-19 emergency.”[2] The bill, which only addresses residential leases, is still in the Financial Services Committee and has received little congressional support to date. 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. 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. The Paycheck Protection Program (PPP) allows businesses to use up to 25% of the funds to pay “rent, under lease agreements in force before February 15, 2020,” which presupposes that commercial rent obligations will remain in place and that the government is willing to subsidize those payments for qualifying businesses. 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. VERIFY VERIFY: Rent is still due | Neither Maryland, Virginia, DC nor the federal government is suspending rent payments during the pandemic during the showing; If you are home during the showing, practice physical distancing by maintaining a 2 metre/6 foot distance; Clean and disinfect high-touch surfaces in your unit after the showing; I hope this helps if you have to do any viewings during the COVID-19 Pandemic. Nearly a third of renters across the US weren’t able to afford monthly housing costs last month. Monthly rent must be at … 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. During the nationwide COVID-19 pandemic, Attorney General Herring is encouraging Virginia tenants to familiarize themselves with their rights and protections, especially while the Supreme Court of Virginia’s judicial emergency order remains in effect. [5] Jessica Nolte, Virginia’s High Court Won’t Extend Ban on Evictions; Moratorium Still Set to Expire in Early September, The Virginian-Pilot (Aug. 20, 2020, 4:27 PM), https://www.pilotonline.com/government/virginia/vp-nw-judicial-emergency-extended-20200820-6rmvtuet3fecroprgkcqhqzn44-story.html. George Mason University Rent continues to accumulate, and skipped rent payments will be need to be repaid eventually. 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. Another law … What to Do if You Can't Pay Rent During the Coronavirus Pandemic Orders to close businesses have left many people without income. Might was trying to self-quarantine in … If you can’t pay rent during the coronavirus pandemic, here’s what you should do: — Check your lease. If you do receive a notice from your landlord that you are being evicted, seek legal assistance. [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. Advertisement At some point, the rent rates will “reset” to a … However, the Order is unclear as to whether evictions and unlawful detainer proceedings may be filed with the court during the judicial emergency. Therefore, while commercial landlords retain the same legal rights during the COVID crisis as they had before, limitations on judicial proceedings may affect the timing and practicality of available remedies. [2] 2019 Cong. While the 25% rent limitation has proven difficult for small businesses in dense urban areas with modest payrolls and high rent costs,[1] allowing PPP loan proceeds to be applied to rent payments appears to be the federal government’s current preferred response to dealing with commercial rent issues. Renters at risk of eviction in Maryland, Virginia and the District can breathe a little easier, as all of those jurisdictions have taken action to postpone evictions proceedings during the pandemic. Virginia lawmakers passed legislation that caps late fees at 10 percent of your monthly rent or the remaining balance, whichever is less. Alex Might was planning on heading home to Ohio soon to ride out the coronavirus pandemic with their father. The Governor’s Executive Orders do not address landlord-tenant matters except for a general statement that state agencies shall work with housing partners to develop strategies to avoid evictions and foreclosures. 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