Various Covid19 Legal Issues Affecting Landlords and Tenants Such as Late Rent, Safety, Etc.

What Will Happen to Tenants Unable to Pay Rent Because of Covid19?

Frustratingly, Without Prior Reference Cases the Law Will Be Unclear For Many Circumstances. The Coronavirus Crisis Raises Unprecedented Legal Issues. Landlords, Tenants, Among Others, Should Obtain Professional Legal Advice and Carefully Review the Available, Although Limited, Information.

Understanding Solutions For Landlord and Tenant Issues Arising Due to Covid19

Covid19 is an unprecedented crisis that brings personal health, security challenges, and legal concerns, into the forefront many areas of life as well as business including relations between landlords and tenants. Various legal issues involve rent payment difficulty due to the unexpected unemployment or reduced employment of many people who are struggling with financial troubles. Also fodder for conflicts is the issue of whether landlords should outright refrain from performing inspections or showings during this time or what precautions are reasonable. Additionally, concerns abound for maintenance including sterilization of everything from door knobs, entry key pads, among other things, are heightened including issues regarding whether the bar is now raised for the responsibility to perform proper maintenance as is legally required of the landlord.

Special Concerns Involving Covid-19

Difficult risk management questions, many of which pose a Catch-22, that may lead to troubling legal issues include, among other things:

• Whether a landlord should negotiate an affordable rent payment plan;
• Whether a tenant should make best efforts to avoid accruing rent arrears;
• Whether a landlord should issue an N4 - Non-Payment of Rent form to create paper trail; and
• Whether a landlord is responsible for extra-special maintenance services within common areas;
• Whether showings of tenanted units should be halted due to distancing and isolation needs.

These are just a few of the issues that landlords and tenants are now contending with and need to cautiously and compassionately address through respectful communication.