Potential New Laws (by Jason [VA]) Jun 11, 2019 8:36 PM|
Potential New Laws (by RR78 [VA]) Jun 11, 2019 8:54 PM
Potential New Laws (by Oregon Woodsmoke [ID]) Jun 11, 2019 10:41 PM
Potential New Laws (by DJ [VA]) Jun 11, 2019 11:56 PM
Potential New Laws (by myob [GA]) Jun 12, 2019 7:18 AM
Potential New Laws (by Robert,OntarioCanada [ON]) Jun 12, 2019 10:07 AM
Potential New Laws (by RR78 [VA]) Jun 12, 2019 10:42 AM
Potential New Laws (by myob [GA]) Jun 12, 2019 2:32 PM
Potential New Laws (by RR78 [VA]) Jun 12, 2019 3:04 PM
Potential New Laws (by Vee [OH]) Jun 12, 2019 7:08 PM
Potential New Laws (by Ray-N-Pa [PA]) Jun 13, 2019 9:14 PM
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Potential New Laws (by Jason [VA]) Posted on: Jun 11, 2019 8:36 PM
Fellow VA landlords, If you have properties in Danville, Hampton, Petersburg, or Richmond, now would be a good time to sell! Thankfully, I do not.
Pilot Program – Va. Code § 55-248.40:1
The law: This would be a brand-new law which will go into effect July 1, 2020 if the governor signs it into law. This law would apply to the cities of Danville, Hampton, Petersburg, and Richmond. The law establishes a “pilot program” intended to reduce the number of evictions of low-income tenants. A tenant in an unlawful detainer case must qualify to participate in the pilot program by appearing in court, paying at least 25% of the amount due on the court date, providing sworn testimony that he/she has sufficient funds to adhere to a payment plan, and explaining the reasons for being unable to pay rent. Furthermore, the tenant cannot have been late on rent more than two times in six months or more than three times in twelve months, and the tenant cannot have already participated in the pilot program within the last 12 months. If a tenant qualifies, then the landlord and tenant will enter a court-ordered payment plan, which will require the tenant to pay the remaining amounts due on the unlawful detainer case within the three months following the initial court date while continuing to pay rent within 5 days of the due date each month that the payment plan is pending. The law provides a method for a landlord to obtain judgment if a tenant defaults on the payment plan or current rent payments.
The impact: This amendment is intended to reduce eviction and homeless rates, which is beneficial to the overall economy of the state. However, landlords in Danville, Hampton, Petersburg, and Richmond may suffer financially from the program since they will not timely receive the full rent due to them. This pilot program is the result of substantial negotiations back and forth between lawyers and advocacy groups on both the landlord and tenant sides.
Potential New Laws (by RR78 [VA]) Posted on: Jun 11, 2019 8:54 PM
I expect this to go statewide.
We are in the process of changing our lease a little.
I dont expect the law to be as bad as it sounds.
Most of the ones that end up in court would be considered chronic late payers so the law would not apply.
Also the Governor is giving an extra 2 mil to legal aid.
Instead of 2 mil to lawyers. It would have been better to put 2 mil a year in a fund to help people behind on the rent.
None of this makes sense. But politicians have to at least pretend they are doing something. --73.152.xx.xxx
Potential New Laws (by Oregon Woodsmoke [ID]) Posted on: Jun 11, 2019 10:41 PM
My eyes are reading "three more months to get paid up" and what my brain says is "three more months rent free"
Well, I guess wait and see what the effect is. Maybe local VA landlords should be thinking about converting to a month to month rental agreement and doing a no-cause request to vacate, instead of trying to evict non-payers.
VA is hoping to out crazy California? A contest to see who can reach the bottom first? --98.146.xxx.xxx
Potential New Laws (by DJ [VA]) Posted on: Jun 11, 2019 11:56 PM
(see "lease wording" post.
It is already the law - they just need a year to create documents and implement it. Don't over-react and sell everything. Screen better on the way in. But if you want to sell something in Hampton, let me know!
Hopefully, when they evaluate it, they will see it did not help much for all it cost.
If you try the month-to-month idea, Oregon, you will need to be willing to not sue for monetary damages. How much $ are you willing to give away?
One good thing - the very day they are late on a payment, you can get your order for possession with no more delay. No need to go back to court. --68.10.xxx.x
Potential New Laws (by myob [GA]) Posted on: Jun 12, 2019 7:18 AM
Oh be very positive about this bill. This is something we STRIVE FOR whenever we do non pay of rent with the court.
First think in different terms. You will have a court CONSENT order in hand. Tenant agrees to pay as outlined-- or you get the WRIT OF POSSESSION instant. What better program to get tenants to pay then this? WE all know tenants can't budget-- of course they agree to anything and everything to get out of the court hearing. So write up your payment plan-- and the first missed date and or amount- get your writ. Your plan can include amounts not due yet-- like payment plan for NEXT months rent also. --99.103.xxx.xxx
Potential New Laws (by Robert,OntarioCanada [ON]) Posted on: Jun 12, 2019 10:07 AM
Payment plans only delay the eviction process where found payment they miss a payment then the evic5tion starts. In the meantime they create problems where become argumentative along with causing other problems in the residential complex. They put a stay on the sheriffs order where it takes additional hearings to have the second stay lifted then enforced. With the government housing authority it is out the door no payment plans or any dragging out the eviction. The rent control system along with the broken two tier landlord and tenant act many of the smaller rental housing providers have sold to very conglomerates where they kick out, renovate then double rents where there is less affordable rental housing as the lower end of the rental market is gone forever. The problem with socialism along with the nut case tenancy advocate groups it simply does not work. In the province of Ontario rental housing providers will not even consider anyone with a credit score below the seven hundreds along with those on social assistance as they have extremely poor credit scores. Alcoholism, illegal drug, gambling are a priority then paying rent where they are in endless process of getting evicted. If the government wants to stop evictions then have social assistance pay rent not punish rental housing providers. --173.225.xxx.xxx
Potential New Laws (by RR78 [VA]) Posted on: Jun 12, 2019 10:42 AM
That plan is not going to work here.
First missed date and you are allowed to file for a new court date.
Wish consent orders were popular here. --73.152.xx.xxx
Potential New Laws (by myob [GA]) Posted on: Jun 12, 2019 2:32 PM
RR read my post on consent (some was removed but gist of it there) when you consent that is a legal document used by the court. Tenant, LL and judge sign it. The consent, whether signed in court or before, is a binding agreement (aka court order) if you miss the pay date or pay wrong amount-- they've already had their date in court. Nothing say consents can only be signed in court.
Some are not thinking outside the box. We as LL's have been so misguided and trained to follow the line we can't think anything else. Honestly when the judge did this for us many years ago he was also reluctant. While discussing it and pointing out -- your honor why do we have to wait for you to say go and negotiate-- we did as the law instructed without you telling us. --99.103.xxx.xxx
Potential New Laws (by RR78 [VA]) Posted on: Jun 12, 2019 3:04 PM
Not saying not a great idea. But not all states / courts the same.
Here no request to iron it out or mediation. Most have already tried that before you even file.
And even when I have other agreements that provides for a default Judgement. I still have to appear before the Judge.
They want the defendant to have a chance to dispute they did not honor the agreement.
And is even more so for a possession judgement.
Our Judges want someone to appear in actual court before they will give possession.
Also I used to like it better when the tenant did not show for court. It was quicker and made no difference.
Now Judges will only give me 10 day possession. If they show up then I can get immediate possession.
Which is when I can file with the sheriff. --73.152.xx.xxx
Potential New Laws (by Vee [OH]) Posted on: Jun 12, 2019 7:08 PM
Can you collect a double rent value deposit in those areas? The double deposit was suggested by the late housing court judge and better landlord results have occurred ever since. --76.188.xxx.xx
Potential New Laws (by Ray-N-Pa [PA]) Posted on: Jun 13, 2019 9:14 PM
A law like that will prevent homelessness with residents. It will also cause homelessness among Landlords. And with less rental units - what will happen to rental rates? --24.101.xxx.xx
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