The COVID-19 pandemic has brought an economic downturn. Renters are losing their jobs and landlords are being forced to make tough choices. “This situation is exacerbated by the fact the courts are currently closed,” says Attorney Rebecca Wade. “There is a long backlog and it is hard to get into court to evict anyone.” Landlords are feeling the pressure from not receiving the rental income because they also have mortgage obligations to lenders and other financial commitments. Wade offers guidance for landlords struggling during the coronavirus crisis.
Even though the court is closed, landlords can still initiate an eviction proceeding by following these steps:
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Give the tenant a “5 Day Notice to Pay or Quit.” The notice will say how much rent they owe. If the tenant fails to pay within five days of the notice, this opens the path to filing for eviction.
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File an “Unlawful Detainer” with the General District Court. Although courts are not open, this will put your application in line to receive a hearing date once the courts open again.
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Wait for your hearing date. Once the courts reopen, they will have to work through their backlog of cases. The court will notify you once your hearing date is set.
Many landlords are deciding to renegotiate leases with their tenants, explains Wade. In Virginia, all leases and contracts are eligible for renegotiation if both parties agree to the terms and conditions. Landlords should take a few additional steps to ensure they are covered during any renegotiation of the lease.
Renegotiation Tips for Landlords:
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Consult your lawyer to go over the renegotiation terms.
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Ensure that any rent forgiveness is temporary and set a repayment schedule.
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Once you have agreed to temporary changes to the lease, ensure all changes are in writing and consult your lawyer to review.
If you have any questions about initiating an eviction proceeding or renegotiation of a lease, please contact Rebecca Wade at rwade@oldtownlawyers.com.
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About Rebecca Wade
RWADE@OLDTOWNLAWYERS.COM
Partner Rebecca Janet Wade has spent years representing clients grappling with high-conflict family law challenges. She has in-depth knowledge of where family law intersects with criminal law, along with strategies honed from fighting in the trenches of domestic battles. Ms. Wade has extensive experience with protective orders and laws involving physical abuse, assault and injury, emotional abuse, threats of violence, domestic violence, child abuse and neglect and more. She represents clients in cases of divorce, child custody and visitation, protective orders, child protective services investigations, juvenile delinquency, and criminal charges. Her work defending the mother of a young child left in a hot car seat received considerable media attention.
