Virginia Landlord-Tenant Law: Understanding the Landlord-Tenant Relationship In the Era of COVID

The landlord-tenant relationship is a complex one that is often the subject of disputes and litigation. When such problems arise, an assessment of the rights and obligations of the parties – and, ultimately, the solutions to these problems -- must take into consideration the requirements established through the governing lease, all applicable landlord-tenant statutes, and controlling case law. Further complicating this area of the law is the fact that there are frequent legislative changes that must be monitored that affect the rights of the parties, the content of leases, the available remedies/defenses, and the court/eviction processes. This has been especially true during COVID.     

While COVID affected and continues to impact both commercial and residential tenancies, in 2020, many changes were enacted seeking to address COVID and its particular impact upon the rights of the parties, available remedies/defenses, and the court/eviction processes in the residential context. These changes affected and will continue to affect landlords, tenants, and property owners.    

John Ivins, a partner with the law firm of Hirschler Fleischer who has practiced in this area for more than 20 years, will explore the complexities of handling cases in this area, addressing not only the general legal requirements and approaches for solving commercial and residential landlord-tenant disputes, but also addressing the implications of certain lease provisions in the commercial context and the various statutory changes impacting the rights, duties, obligations, and remedies of the parties in the context of residential tenancies.  

1. Discuss the changes affecting residential tenancies

2. Identify the landlord and tenant's rights, duties, and obligations established by the lease, applicable statutes and controlling case law

3. Develop an understanding of landlord-tenant litigation principles, including court requirements and possible defenses

4. Explore the various non-litigation options and strategies that may be available for resolving landlord-tenant disputes

5. Appreciate the circumstances where other statutes and legal principles may apply