[Seniorresources] Third Party Notice 2

[Sally Camp]

As of July 1st, most Virginia tenants will have a new option available to them.  They will be able to designate a third party to receive duplicate copies of notices from the landlord as well as copies of any unlawful detainers (an unlawful detainer is a paper filed in court by the landlord to begin the eviction process).  A third party could be a family member, a close friend, or possibly a case manager or social service agency.  If the tenant designates such a person, then the landlord will be required to send notices of problems to that person as well as to the tenant himself.  The hope is that this new option will be particularly helpful to elderly or disabled tenants who might occasionally need help remembering to pay the rent or who might be in and out of the hospital and therefore unable to pay the rent when it comes due.  The third party notice ensures that someone besides the tenant is made aware of any problems under the lease-including not only rent, but also any other violations of the lease-so that the third party can get involved to correct the problem early in the process before the landlord begins eviction proceedings.  Since the designated third party should also receive copies of an unlawful detainer filed by the landlord, he or she could also intervene at that stage to try to resolve problems before the tenant is faced with eviction.

The third party will not be legally liable for the tenant's rent or for any other problems under the lease.  The third party will not have any legal obligation to do anything.  Hopefully, however, the tenant will choose someone who is concerned about the tenant's welfare and who will want to help get problems corrected before it's too late.  It is important that the tenant choose someone who will pay attention if they receive a copy of a notice from a landlord about a problem and who will make every effort to work with the tenant to promptly resolve any problems with the landlord.  The tenant should talk to the person in advance to be sure he or she is willing to receive the notices. 

If you are a tenant who is interested in designating a third party, contact your landlord in late June or soon after July 1st to give him or her the name, address and phone number of the person you want to name to receive copies of the notices. Since this is a new law, landlords may not be aware of it yet, so you may need to educate your landlord about the new provision.  Tell your landlord this is a new law found at Virginia Code § 55-248.9:1.B, which goes into effect on July 1st.   Even if you do not think you need assistance now, consider naming a close family member or friend so that the landlord has a contact should problems arise down the road.   You never know when you may need help and it is best to have named someone and have this designation already in place before you run into problems and need help.  If you are a concerned family member or friend who knows someone who could benefit from the third party designation, please talk with the tenant about this option now and encourage the tenant to contact the landlord to designate a third party.

Because this is an option for tenants, but not something a tenant is required to do, the tenant must take the first step by notifying the landlord if he wants to designate a third party and by giving the landlord the name, address and phone number of the designated person or agency.   Nothing will happen unless the tenant contacts the landlord with the name and address of the designated third party so that the landlord knows to whom to send the duplicate notices. 

If you have questions about the third party option, call your local legal aid office.