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COVID-19 Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Oregon on
Q: If Landlord CAN issue “no-cause” notice after emergency period expires, Tenant cannot rely on grace period for extension

Please clarify: If a Tenant who did not pay rent during COVID emergency period becomes current on rent payments after the emergency period expires, Tenant cannot rely on 6-month grace period to extend tenancy since Landlord can simply issue “no-cause“ termination notice to get Tenant moved out... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 20, 2020

A tenant can rely upon a 6 month grace period to re-pay rent owed and accrued, but unpaid, during the Covid emergency and cannot be terminated/evicted because they have not paid rent during that emergency. A tenant does NOT have a 6 month grace period from being terminated/evicted for any other... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Tenant gave notice via text May, he is moving in July, now says Sept 4th. Do we still owe relocation money?

We decided to sell the house after he said he was moving. he then asked us for a 90 day letter. I sent him a notice saying we were confused on his move out date since he kept texting different dates and we would consider from the time of letter 90 days per his request. I also sent him a cure or... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 20, 2020

This is all very confusing. First no termination notice - either from or to a tenant - is valid or enforceable if only sent by text or email. Second, if he is giving notice, why would you send a 90 day notice? Third, issuing a 90 day no cause notice during the Covid crisis is generally unlawful.... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can Landlord issue no-cause termination notice after COVID emergency ends if tenant hasn't paid rent but starts to pay?

Under HB4213, OR tenant has until 3/31/2021 to cure unpaid rent as long as tenant resumes paying monthly rent that is due after the emergency period expires -- but can Landlord then issue a "no-cause" 30-day or 60-day termination notice if tenant is paying rent after emergency period... View More

Gregory L Abbott
Gregory L Abbott
answered on Jul 20, 2020

A landlord won't be able to evict for failure to pay rent until 6 months after the Covid crisis. Currently, a landlord will be able to issue a no cause termination notice after Sept. 30, 2020. No cause is just that - it has nothing (legally) to do with whether the tenant is current on their rent.

1 Answer | Asked in Civil Litigation, Civil Rights, Collections and Landlord - Tenant for Virginia on
Q: How does one "erase" the filing of a UD petition that is later non-suited without judgment?

This will be an issue for many "first time civil defendants" who are filed upon by landlords for UD during the COVID period. There is legislation that enables relief in 2022, but that will be too late for many.

F. Paul Maloof
F. Paul Maloof
answered on Jul 18, 2020

The general procedure to accomplish your goal is to file a Motion to Vacate the Judgment, however, a non-suit means that the plaintiff withdrew the case and claims so there is no judgment to vacate. The original case's information cannot be "erased" as you described it. These are... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: Can my landlords family get involved in terminating lease agreement, and make decisions without his consent or wishes

Family is trying to evict my 5 yr old son & I, landlord doesn't want us to move buy he just came out of hospital & is receiving live in caregiver he is some days not remembering what happened earlier or yesterday , but he does remember b4 he went to hospital, he's gave a eviction... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 17, 2020

Sorry to hear you have these problems. You have a lot of issues, primarily is proof that the notice was retracted, since your LL won't help. If family has an actual Power of Attorney for everything or for financial affairs, they can act for the LL, but if it is just a medical power of... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: I’m getting a inspection on My rental.Am I legally allowed to ask the tenants to leave the property during that time?
Gregory L Abbott
Gregory L Abbott
answered on Jul 16, 2020

Ask? Of course. Require? Not a chance. Do you want others going through your home when you are not there? Neither do most tenants. Further the tenant has an absolute right to deny you entry as long as they do not do so unreasonably - and good luck in getting a Judge to say a tenant is being... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: We need to leave our office due to covid downturn in biz after 16 yrs but have no "get out early" clause.

We have never not paid the rent except in the last month where we paid 50% as our business income has gone to zero since Covid started. Landlord suggested one smaller office space but cost to move and fact that we need to remove this overhead entirely means it's not necessarily a solution.... View More

Elaine Shay
Elaine Shay
answered on Jul 15, 2020

Many tenants with otherwise outstanding track records with their landlords have been unable to meet ongoing rent obligations as a result of the Covid-19 crisis. Sometimes, the terms of a specific lease or guaranty can provide a basis to end a lease early or at least suspend payments that became... View More

2 Answers | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord evict with reservation twice?

I had an eviction in March, paid it before the court date, the landlord said it was an "eviction with reservations", never gave me paperwork. I found out because I fell behind due to the pandemic, he then file the eviction. He went completely through with the eviction, I paid that in full... View More

Steven Krieger
Steven Krieger
answered on Jul 14, 2020

If you were fully caught up, there is no "reservations." You fully redeemed the property, but if you fall behind again, then the landlord could issue you a new default notice and file for eviction. If you decide to hire an attorney to help, I'm sure anyone would responds would be... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Virginia on
Q: Do i have to allow my manager in my apartment during covid pandemic?
Elizabeth Crego
Elizabeth Crego
answered on Jul 14, 2020

You are required to give your landlord (or the landlord's representative in this case) access to the property, immediately if it is an emergency, or with reasonable notice if it is not an emergency. It is also reasonable to require that the manager be wearing a mask and be physically distanced... View More

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1 Answer | Asked in Landlord - Tenant for New York on
Q: my tenant is denying me access in the last month of the lease for a plumber to fix the shower due to COVID
Elaine Shay
Elaine Shay
answered on Jul 14, 2020

Many people are reluctant to have service people in their homes during the Covid crisis. If this is an emergency situation, you can commence a court proceeding to compel access. However, this generally means spending money on legal fees that are difficult or impossible to recover. Therefore, if... View More

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Can a Landlord/Home owner raise rent on tenants during covid 19?
Gregory L Abbott
Gregory L Abbott
answered on Jul 13, 2020

Certainly as long as they provide at least 90 prior written notice and are otherwise in compliance with the rules. The Covid-19 emergency has gotten tenant protections against being evicted for non-payment of rent and for no-cause termination of tenancy notices but there is no prohibition against... View More

1 Answer | Asked in Landlord - Tenant for California on
Q: We have been subleasing a room to someone in Long Beach CA for 2 years. Can we serve them a 60 day notice during covid

We have been leasing to them for two years and it just has not worked out. We want to take possession of the room for ourselves but they are claiming that due to covid restrictions they cannot work therefore cannot save a first and last months rent for a new place. Can we still serve them a 60 day... View More

John Francis Nicholson
John Francis Nicholson
answered on Jul 12, 2020

If your tenant, and or additional tenants subject your property to Long Beach rent control then you may be subject to paying a relocation expense. However, with the moratorium on evictions for residential convictions in California that does not prevent you from serving a 3-day notice to pay rent... View More

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: Can a landlord contact all hours of the day or night through phone calls and text messages?

I have a landlord that has threatened to evict me throughout this "pandemic". I have paid rent every month except June, he has called me, text me, at any and all hours of the night/morning even after filing for eviction.

F. Paul Maloof
F. Paul Maloof
answered on Jul 12, 2020

As of June 24, 2020, the prohibition on evictions in Virginia was lifted. Your residential lease should have a provision for how often and by what means the landlord can contact you. If there is no provisions, the Code of Virginia does not provide one. In any event, you should send the landlord a... View More

2 Answers | Asked in Landlord - Tenant for California on
Q: My landlord has given a 30 day written notice of termination of agreement. No reason stated . I feel she has harassed me

Defamation, called other tenants work when asked not to . Spread lies to other neighbors. I’ve filed a police report for harassment. Should I take my eviction to court and how do I know I have a good case before goin to court

Maurice Mandel II
Maurice Mandel II
answered on Jul 11, 2020

Many counties in California currently have local laws in place to protect tenants from eviction when they have problems related to COVID. No facts indicating you have such problems are offered, but they may exist and you are not thinking about them. A LL can terminate a tenancy of less than a... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oregon on
Q: What happens if I cannot move out by the time indicated on my notice to vacate?

My house closing has been pushed back past when I am supposed to be out of my apartment and the landlord says I cannot stay longer. What happens if I stay past my move out date. I only need an additional 4 days.

Gregory L Abbott
Gregory L Abbott
answered on Jul 9, 2020

No worries - while your landlord won't like it, and you will still owe rent for the additional days, the only thing the landlord can legally do is file to evict you in court. Not only does that cost him money, but your first court appearance cannot be before 7 days after he files (and no... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does a text message meet the written notice requirement?

We are month to month Tennants and the office is currently closed due the Pandemic. We are currently receiving text messages from the management team providing us Tennant's with updates, policy changes etc. Can we provide our intent to vacate premises (teminate month to month agreement) by... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 9, 2020

READ YOUR LEASE. If the lease requires you to provide notice by carrier pigeon, you need to send it by carrier pigeon. It probably requires you to send it by certified mail, return receipt requested to a specific address. Don't assume that the payment address is the notice address. Updates and... View More

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1 Answer | Asked in Landlord - Tenant for California on
Q: Landlord tried to evict due to my GF staying here during pandemic, but never moved in. Has he violated LAcity ordinance?

I am unemployed due to COVID-19. I recently notified my landlord that I will be withholding paying rent temporarily. Additionally, yesterday he and his wife yelled at me for 15 minutes accusing me of lying to them about allowing my girlfriend to move in without their permission. After asking for... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2020

Thanks for your post and the citation. I reviewed City of LA municipal code § 186606, enacted on 05/12/20, and it does have the provisions that you describe in your question, no LL shall "endeavor to evict" or evict a tenant due to rent non payment or having an unauthorized occupant due... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: My landlord yesterday came and changed locks threw my belongings in garbage and packed boxes

He had an individual I do not know stay to do this cos had to come and let me in my home after just losing to sisters in 24 hrs he tries to throw me and my stuff and kids on street to pandemic he is a business owner and should no better then to change locks and throw my stuff in a dumpster he just... View More

Elaine Shay
Elaine Shay
answered on Jul 8, 2020

You can call the police. If you have proof that you live at that property the police should compel the landlord to restore you to possession. In the event the police are not helpful, you may file an emergency OSC with the NYC Housing Court, which has been hearing emergency applications throughout... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: been a tenant for 20+ years in my apt in queens ny. I wanted to use my security deposit $20+ years ago of $1100

Been renting more 20 yrs in my apt in woodside NY, (queens) and did alot of renovations and never bothered my landlord for anything. Before pandemic my landlord told me she needed her apt back to use she gave me 1 month notice. I told them i will look for an apt but till then i will continue paying... View More

Elaine Shay
Elaine Shay
answered on Jul 7, 2020

If you are moving at the end of the month, the Landlord has no means to enforce the demand for an additional security deposit before you move. Unless a tenant has an explicit agreement with a Landlord to provide reimbursement for renovations, a Landlord is not obligated to reimburse a tenant and... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: During the covid19 pandemic do I legally have the right to tell my landlord he cannot come in to do a home inspection
Joseph Jaap
Joseph Jaap
answered on Jul 7, 2020

Ohio law allows landlord to enter for inspection after giving reasonable notice, and to enter at any time in an emergency. The law has not been amended during the pandemic. If you do not work it out to allow entry, such as you leaving the premises during the inspection, or having landlord wear a... View More

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