What Happens If a Tenant Is Unable to Make Rent Payment 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.
Other Questions About Covid19 Concerns Issues Include:

  • During Covid19 Is a Landlord Allowed to Show a Tenanted Unit?
  • Should a Landlord Issue Late Payment Notice During the Covid19 Crisis?
  • Is a Landlord Required to Sanitize Rental Units With a Covid19 Affected Tenant?
  • Can a Landlord Inspect a Rental Unit During the Coronavirus Crisis?
  • What Happens If a Tenant Is Unable to Move Out Because of Covid19?

A Helpful Guide On How to Prepare For the Various Legal Issues Affecting Residential Tenancies As Arising From Covid-19

Residential Tenancy Lease Document The coronavirus and Covid19 Crisis bring unprecedented health, safety, and legal concerns to the forefront in many areas and the landlord and tenant relationship is without exception. Legal issues such as delayed payment of rent due to the sudden lay off of hundreds of thousands of people who are now financially struggling as well as landlords who are equally affected is currently a very troubling issue. Additionally, whether a landlord should refrain from performing inspections or showings out of respect and consideration for the health and safety fears of tenants raises legal issues without a clear answer. Furthermore, the need for extra-special attention to sterilization of common areas and the duty of a landlord to provide premises raises the bar on the responsibility for performance of maintenance as required of the landlord.

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.

Summary Comment

The world is experiencing unprecedented times with unprecedented legal issues arising therefrom.  Without clear laws, it is unknown how many of these legal issues will be resolved; however, by communicating respectfully and extending reasonably compassionate accommodations for sudden unexpected needs and concerns, landlords and tenants can be manage the unfortunate circumstances in a way that helps ensure healthy relations.

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