Rental Practices Changing in Response to COVID-19 Pandemic
Landlords can take strong measures to help fight community spread of the coronavirus. By changing rental practices in response to emerging pandemic issues in local areas and in compliance with federal state and local regulations for mitigation of the virus, landlords can help educate, inform and protect their tenant populations during this declared emergency.
Landlords should take all precautions to prevent the spread of COVID-19 by following the recommended guidelines for health and safety provided by Center for Disease Control (CDC), other federal and state agencies, and local health and safety officials. Preventive measures to stop the virus spread are an important first step that landlords should take to help protect their tenants. Landlords should take all opportunities to educate themselves on COVID-19 issues as provided by trusted information sources such as federal, state, and local health and regulatory agencies. Becoming knowledgeable about community spread, protective measures to mitigate virus spread, and sanitation and disinfection protocols can help protect tenant health and safety. In high-density housing communities it is especially important to keep habitable and sanitary housing since multi-family living arrangements could increase the risk of community spread. Information about COVID-19 and recommendations for mitigation change frequently as more information becomes available to health and science professionals. It is part of the landlord’s duty of care to his tenants to keep current with the latest guidelines furnished by health and regulatory agencies.
It is always advisable to consult with professionals for legal advice, seek guidance from industry subject matter experts or contact other appropriate knowledgeable sources to confirm understanding of issues.
Education is a very important step in helping to protect tenants but so is the communication of that vital information which could affect tenants’ health and safety within the rental community and the local area. The standard of care responsibility of the landlord extends to the sharing of relevant information in real-time to his tenants in a media format that would be readily available and accessible to tenants. Information that is provided should be factual, complete in context and presented to tenants in such a way that does not create anxiety or fear about their housing situation.
There is guidance published by the CDC that is recommended for sharing with tenants so that they can prepare and protect themselves and their families against the coronavirus. The CDC factsheet “What you need to know about coronavirus disease 2019 (COVID-19)” provides information for protection from respiratory illness with everyday preventative actions such as:
- Avoid close contact with people who are sick.
- Avoid touching face, nose, or mouth with unwashed hands.
- Wash hands often with soap and water for at least 20 seconds. Use an alcohol-based hand sanitizer that contains 60% alcohol if soap and water are not available.
Guidelines for safe hygiene practices and self-monitoring information can be found on the CDC’s website. Local health agencies and providers can also provide information for health and safety practices.
Landlords should take their responsibility to help protect tenants seriously. Landlords can communicate to tenants that precautionary steps and proactive protection measures are being taken for tenant health and safety. These protective measures can include strong cleaning protocols for sanitizing common areas and disinfecting commonly touched surfaces in public areas in accordance with CDC guidelines, and use of EPA-registered disinfectant products.
Landlords can further communicate by sharing current information from trusted sources how tenants can help protect themselves and their families against the spread of the virus and the recommended guidelines for sheltering in place. Tenants should be made aware that as new information and guidances are released, that rental practices will be updated accordingly and communication of that information and practices will be made available to tenants.
There are some practices and considerations that landlords have been asked to make to help tenants during a difficult time, particularly those tenants who have suffered income loss. In some jurisdictions landlords are being asked to freeze rents with no rent increases for the next 90 days; waive late fees for tenants who pay rent after the rent due date because of job loss or reduction in work hours, offer flexible rent payment plans to those tenants who request help because they cannot pay their rent by the due date; and provide a resource list of available community agencies or programs that may be able to assist tenants with food, health, and financial assistance.
There have been media reports that, in some areas, local landlords have offered to forgive one month rent if the tenant has suffered job loss through no fault of the tenant. It may be possible in some states to use the last month rent amount to pay the current month rent if the tenant has been laid off but there is a possibility that the employer could be recalled to work when conditions improve and the business reopens. This option would need to be researched for compliance with state statute regarding the collection and use of last month rent. Careful consideration and research should be given to alternative rent payment arrangements not addressed by statute or ordinance requirements and the lease contract to ensure that actions are legal and do not create future liability for landlords or affect tenant rights by law. Any directed alternative arrangement between landlord and tenant should be documented in writing, signed by all parties to the lease agreement.
Landlords are directed in many jurisdictions to halt evictions of renters who are affected by the loss of income related to COVID-19. Eviction moratoriums are to remain in place until the emergency declaration is lifted. Rents unpaid by the tenants remain the tenant’s debt responsibility. The rent amounts are deferred to a later period but are not forgiven. Most jurisdictions have set the period for repayment of rent to extend six months from the date the emergency is declared over. These local moratoriums do not extend protection to other reasons for eviction, such as tenant violations of lease terms for nuisance or noise and disturbance.
In review, landlords are encouraged to communicate with their tenants to help keep them informed on general health and safety information as provided by the CDC and local health and safety officials. Additionally landlords are encouraged to share with their tenants the steps that the landlord has taken and will continue to take to follow the recommended health guidelines to mitigate community spread of the coronavirus. This includes cleaning and disinfecting common areas of the rental community, limiting use of property amenities, and implementing protocols for limiting person to person activities and events including suspension of business office hours and non-essential maintenance and repair services.