COVID-19: Commercial and Residential Landlords Handling Eviction Proceedings

As of March 16, 2020, all commercial and residential eviction proceedings and pending orders of eviction were indefinitely suspended statewide as health officials work to limit the spread of the Coronavirus. This suspension of all evictions creates a potential nightmare scenario for all commercial and residential landlords with tenants that are either behind on rent or refusing to pay their rent. This decision came after tenants and special interest groups argued that evictions during this public health crisis would increase the homeless population and worsen the spread of the Coronavirus.

Although housing courts remain open, only the vital functions such as repair orders, lockouts, and serious code violations will continue to be heard by the Courts on an emergency basis. It is uncertain at this time if landlords stuck with undesirable tenants will be able to demand back pay once the moratorium on evictions is lifted. While no orders of eviction will be granted during this moratorium, landlords are not without rights and remedies. and they should position themselves in the best possible position to move forward with eviction proceedings once the moratorium is lifted if eviction is warranted.

Our team has extensive experience in drafting, reviewing, and litigating commercial and residential lease agreements, as well as counseling clients regarding their contractual rights and obligations. If you have any questions about how the COVID-19 pandemic may affect you as a commercial or residential landlord, please contact any member of the Firm at (585) 730-4773.

This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2020 Law Offices of Pullano & Farrow PLLC

For more Coronavirus Legal Updates, please visit our resource page.


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