COVID-19 Update:
Apartment Management, staff, and landlords need to be aware of the potential issues relating to the spread of the Coronavirus. Actions taken by local, state, and national governmental agencies should be followed as they may apply to your communities. Obviously, the precautions advised by health authorities should be strictly adhered to and followed as best as possible.
Should any general announcements or notifications be made to tenants?
Other than changes in the operation of the community, no general announcements need to be made regarding the coronavirus. As management and landlords, you are not experts in this area. Residents should be relying upon the experts to make decisions concerning their activities.
NOTE for HOPA COMMUNITIES (communities for older adults)
Because it has been determined that the most vulnerable persons to the coronavirus are persons with compromised immune systems and older adults, HOPA communities may want to review activities and uses of community areas. HOPA communities that have interior hallways and other interior common areas may want to increase the cleaning of those areas particularly with emphasis on areas which may be touched frequently (door handles, light switches, etc.).
The primary concerns are the continued proper operation of the communities during this outbreak. Landlords should be concerned about potential residents (applicants), current residents, and staff. The goal should be towards minimizing the potential of exposure to the coronavirus.
As to employees.
Consideration should be given to limiting exposure to others by restricting access to the leasing office. Requesting communication by telephone or email. Current residents should be advised of any restrictions and given options for effective communication with management.
As to tenants.
No need for management notices on general information about the coronavirus. If notices are deemed necessary, then keep those notices specific to the community. Discussions about cleaning their unit, use of facilities, etc.
There is nothing that would allow for a current resident to use the coronavirus to require more from management than the contract provides. This coronavirus “crisis” does not give any rights to terminate a lease or to require modification of a lease. Management may get a reasonable accommodation request concerning someone that is disabled and might have more vulnerability to the coronavirus. Those should be discussed with legal counsel to review. It would be an unusual situation where it would apply.
Provided by the Law Offices if Kirk A. Cullimore 801-571-6611
How to handle April rent payments/get-of-lease issues because of Covid-19
(please gold section with the same name for more info and forms)
While most tenants will still have the means to pay April rent, there may legitimately be cases where someone was sick or quarantined or lost income because of business closures. In these cases, it is better if we as an industry have a sensitive and reasonable plan in place to avoid government action, such as broader rent waivers or eviction bans that will affect all our customers.
If a landlord, manager, or owner is in a position to do so - we are recommending the following:
1. If tenants have a problem paying rent, we suggest you have a process to qualify them. (Please see "criteria " link below), but your criteria would likely require they be current on rent up till now, that they demonstrate they tested positive for the virus, were quarantined because of the virus, or lost work/income because of the virus. It wouldn’t be a blank check for anyone, just those actually affected
2. Tenants would sign an addendum outlining how they would pay back the deferred rent (please see "addendum" link below). Landlords would have the option of having one lump sum paid by a certain date, or splitting payments up over a period of months.
FYI on Student Housing – College students are being told to do all studies online for now, and some want to go home and get out of their leases. You are not required, even if you are a part of BYU-I housing, to release them. However, in the interests of goodwill, and maybe as a condition of signing a new lease next year, we ask landlords to try to work with tenants if possible. Lease buy-outs are an option.
Apartment Management, staff, and landlords need to be aware of the potential issues relating to the spread of the Coronavirus. Actions taken by local, state, and national governmental agencies should be followed as they may apply to your communities. Obviously, the precautions advised by health authorities should be strictly adhered to and followed as best as possible.
Should any general announcements or notifications be made to tenants?
Other than changes in the operation of the community, no general announcements need to be made regarding the coronavirus. As management and landlords, you are not experts in this area. Residents should be relying upon the experts to make decisions concerning their activities.
NOTE for HOPA COMMUNITIES (communities for older adults)
Because it has been determined that the most vulnerable persons to the coronavirus are persons with compromised immune systems and older adults, HOPA communities may want to review activities and uses of community areas. HOPA communities that have interior hallways and other interior common areas may want to increase the cleaning of those areas particularly with emphasis on areas which may be touched frequently (door handles, light switches, etc.).
The primary concerns are the continued proper operation of the communities during this outbreak. Landlords should be concerned about potential residents (applicants), current residents, and staff. The goal should be towards minimizing the potential of exposure to the coronavirus.
As to employees.
Consideration should be given to limiting exposure to others by restricting access to the leasing office. Requesting communication by telephone or email. Current residents should be advised of any restrictions and given options for effective communication with management.
- Limiting maintenance to units that have confirmed no sickness or symptoms. When a maintenance request for a unit is made, inquiries can be made to determine if anyone in the unit is sick or has been exposed.
- Management will still need to handle “emergency” or critical repairs. Repairs that can wait, can be delayed.
- Sick employees should be required to go home. Employees who know they have been exposed should be asked to remain home. (It is likely that in the next few weeks MANY of us will be exposed. Most will not know that they have been exposed. Normal precautions should be taken assuming that someone has been exposed.)
- Clean and disinfect work spaces and areas that are frequently touched. Avoid too close of contact with each other. Avoid handshakes, and other physical contact. Remind staff to wash hands frequently and avoid touching face.
- Management will still need to function with leasing activities. Be cautious with prospective residents and applicants.
- If Management is aware of someone exposed or sick, proper action should be taken to ensure that staff does not have contact. However, Management should be careful to not allow that information to be disseminated outside of the staff that needs to know. Sharing that information could violate privacy laws relating to the individual.
As to tenants.
No need for management notices on general information about the coronavirus. If notices are deemed necessary, then keep those notices specific to the community. Discussions about cleaning their unit, use of facilities, etc.
- You can and probably should restrict usage of the leasing office/clubhouse.
- Consideration should be given to closing of fitness facilities. If not closing, at a minimum Management should be posting on fitness room and other amenities that residents/users should clean the equipment themselves before use.
- Management should consider enhancing the cleaning of the amenities (both thoroughness and number of times)
- If you are able to provide cleaning wipes and hand sanitizer in the fitness area, that would be appropriate.
- If you are able to provide hand sanitizers in the clubhouse, leasing office, fitness areas, etc. that would also be appropriate and helpful.
- Management should cancel any parties or gatherings sponsored by management.
- Use of any of the amenities by a resident that might entail a large gathering should be discouraged or cancelled.
- While outdoor amenities can be prepared for summer use, Management should evaluate the timing of the opening those amenities until there is better information on the status and progress of the coronavirus.
There is nothing that would allow for a current resident to use the coronavirus to require more from management than the contract provides. This coronavirus “crisis” does not give any rights to terminate a lease or to require modification of a lease. Management may get a reasonable accommodation request concerning someone that is disabled and might have more vulnerability to the coronavirus. Those should be discussed with legal counsel to review. It would be an unusual situation where it would apply.
Provided by the Law Offices if Kirk A. Cullimore 801-571-6611
How to handle April rent payments/get-of-lease issues because of Covid-19
(please gold section with the same name for more info and forms)
While most tenants will still have the means to pay April rent, there may legitimately be cases where someone was sick or quarantined or lost income because of business closures. In these cases, it is better if we as an industry have a sensitive and reasonable plan in place to avoid government action, such as broader rent waivers or eviction bans that will affect all our customers.
If a landlord, manager, or owner is in a position to do so - we are recommending the following:
1. If tenants have a problem paying rent, we suggest you have a process to qualify them. (Please see "criteria " link below), but your criteria would likely require they be current on rent up till now, that they demonstrate they tested positive for the virus, were quarantined because of the virus, or lost work/income because of the virus. It wouldn’t be a blank check for anyone, just those actually affected
2. Tenants would sign an addendum outlining how they would pay back the deferred rent (please see "addendum" link below). Landlords would have the option of having one lump sum paid by a certain date, or splitting payments up over a period of months.
FYI on Student Housing – College students are being told to do all studies online for now, and some want to go home and get out of their leases. You are not required, even if you are a part of BYU-I housing, to release them. However, in the interests of goodwill, and maybe as a condition of signing a new lease next year, we ask landlords to try to work with tenants if possible. Lease buy-outs are an option.
IAA Eviction Moratorium Statement
The argument against an Eviction Moratorium in Idaho
Imposing an eviction moratorium in Idaho is bad public policy and will:
Hurt tens of thousands of Idaho residents who own rental units and depend on rental income for their retirement or livelihood
Endanger the tens of thousands of Idaho workers who directly and indirectly work in the business of building, maintaining and managing rental housing.
Hurt neighborhoods, neighbors and other renters by preventing removal of nuisance or criminal renters
Be unnecessary because of federal stimulus checks to individuals and enhanced 4 months’ worth of unemployment payments for those who lose jobs, or income because of Covid-19.
There are approximately 220,000 rental units in Idaho. 65,000 of those are in buildings larger than 5 units, the rest are single family homes or small buildings. Most rentals are owned by Idaho citizens. Many are seniors, who invested in property as part of their retirement and would be catastrophically hurt if renters who don’t pay are allowed to stay indefinitely.
Rental owners’ shoulder considerable costs, including mortgages, taxes, insurance, management costs/payroll and maintenance expenses. Most owners operate on annual margins of 10% or less. If renters can stay in housing without paying, owners will not be able to cover expenses and support the tens of thousands of Idaho workers who are involved in the construction, maintenance and management of rental homes. Eviction moratoriums don’t just hurt Idaho property owners and their employees. They hurt the communities and neighbors of rental units where renters are disruptive or engage in criminal activity. Moratoriums on evictions prevent nuisance and criminal renters from being removed who are then allowed to continue to disturb and/or victimize neighborhoods.
With congress poised to pass a historic stimulus, which will include checks to individuals of $1,200 per adult, along with enhanced unemployment payments that, including the state amount and federal bonus, amount to $24 an hour for those who have lost employment, there is no need for an eviction moratorium in Idaho. Groups asking for eviction moratoriums are following the political strategy “never let a crisis go to waste”. Their aims are political, and they are proposing a solution for which there is no problem. Evictions in Idaho are 1/4th the national average, in part because they are difficult and costly and owners in Idaho traditionally bend over backwards to work with renters. It is mostly cases where renters are already months behind that go to court.
Imposing an eviction moratorium in Idaho is bad public policy and will:
Hurt tens of thousands of Idaho residents who own rental units and depend on rental income for their retirement or livelihood
Endanger the tens of thousands of Idaho workers who directly and indirectly work in the business of building, maintaining and managing rental housing.
Hurt neighborhoods, neighbors and other renters by preventing removal of nuisance or criminal renters
Be unnecessary because of federal stimulus checks to individuals and enhanced 4 months’ worth of unemployment payments for those who lose jobs, or income because of Covid-19.
There are approximately 220,000 rental units in Idaho. 65,000 of those are in buildings larger than 5 units, the rest are single family homes or small buildings. Most rentals are owned by Idaho citizens. Many are seniors, who invested in property as part of their retirement and would be catastrophically hurt if renters who don’t pay are allowed to stay indefinitely.
Rental owners’ shoulder considerable costs, including mortgages, taxes, insurance, management costs/payroll and maintenance expenses. Most owners operate on annual margins of 10% or less. If renters can stay in housing without paying, owners will not be able to cover expenses and support the tens of thousands of Idaho workers who are involved in the construction, maintenance and management of rental homes. Eviction moratoriums don’t just hurt Idaho property owners and their employees. They hurt the communities and neighbors of rental units where renters are disruptive or engage in criminal activity. Moratoriums on evictions prevent nuisance and criminal renters from being removed who are then allowed to continue to disturb and/or victimize neighborhoods.
With congress poised to pass a historic stimulus, which will include checks to individuals of $1,200 per adult, along with enhanced unemployment payments that, including the state amount and federal bonus, amount to $24 an hour for those who have lost employment, there is no need for an eviction moratorium in Idaho. Groups asking for eviction moratoriums are following the political strategy “never let a crisis go to waste”. Their aims are political, and they are proposing a solution for which there is no problem. Evictions in Idaho are 1/4th the national average, in part because they are difficult and costly and owners in Idaho traditionally bend over backwards to work with renters. It is mostly cases where renters are already months behind that go to court.
