Evictions are Delayed until 2021… Now What?

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Evictions are Delayed until 2021… Now What?

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Just as states were opening up to hear unlawful detainers again, the U.S. Centers for Disease Control and Prevention (CDC) said psych! After the Trump administration directed last month that a nationwide eviction moratorium needed to be accessed, the CDC announced a new order to curb the spread of COVID-19… and you are not going to like it.

On September 1, 2020, the CDC filed an emergency order that would implement a four-month eviction moratorium (until December 31, 2020).

So, Which Renters Does This Apply To?

Just as states were opening up to hear unlawful detainers again, the U.S. Centers for Disease Control and Prevention (CDC) said psych! After the Trump administration directed last month that a nationwide eviction moratorium needed to be accessed, the CDC announced a new order to curb the spread of COVID-19… and you are not going to like it.

On September 1, 2020, the CDC filed an emergency order that would implement a four-month eviction moratorium (until December 31, 2020).

So, Which Renters Does This Apply To?

This order defines those covered to be renters vulnerable to eviction who:

    1. Used best efforts to obtain all available government assistance for rent/housing
    2. Earn no more than $99,000 annually
    3. Were unable to pay the full rent due to a substantial loss of income, hours, suffered a layoff or extraordinary out-of-pocket medical expense
    4. Used best efforts to make timely partial payments (as the renters’ circumstances may permit)
    5. An eviction would likely render the individual homeless or force the renter to move into/live in close quarters in a shared living setting

This order defines those covered to be renters vulnerable to eviction who:

      1. Used best efforts to obtain all available government assistance for rent/housing
      2. Earn no more than $99,000 annually
      3. Were unable to pay the full rent due to a substantial loss of income, hours, suffered a layoff or extraordinary out-of-pocket medical expense
      4. Used best efforts to make timely partial payments (as the renters’ circumstances may permit)
      5. An eviction would likely render the individual homeless or force the renter to move into/live in close quarters in a shared living setting

What Evictions are Excluded?

This order does not apply to evictions filed due to:

      • Criminal activity
      • The renter threatens the health or safety of other residents
      • Property damage or renter poses a significant and immediate risk of property damage
      • Violations of building codes, health ordinances, or similar health and safety regulations
      • Lease violations other than non-payment of rent

Also, this order does not exempt the renter’s obligation to pay and does not have any provisions regarding charging late fees. However, keep in mind that if there are state or local laws prohibiting late fees and utility shutoffs or enforcing a longer eviction moratorium (like California), those laws still apply.

What's Next?

What Evictions are Excluded?

This order does not apply to evictions filed due to:

    • Criminal activity
    • The renter threatens the health or safety of other residents
    • Property damage or renter poses a significant and immediate risk of property damage
    • Violations of building codes, health ordinances, or similar health and safety regulations
    • Lease violations other than non-payment of rent

Also, this order does not exempt the renter’s obligation to pay and does not have any provisions regarding charging late fees. However, keep in mind that if there are state or local laws prohibiting late fees and utility shutoffs or enforcing a longer eviction moratorium (like California), those laws still apply.

What's Next?

If your state and city allow you to file for eviction, consult legal counsel before doing so. These eviction protections are not only new but extremely specific, and it is still to be seen how this order will play out in the courts. Additionally, while the order will be formally published on Friday, September 4, 2020, it could be further revised later on. In the meantime, subscribe for future updates on this sticky, eviction situation.

If your state and city allow you to file for eviction, consult legal counsel before doing so. These eviction protections are not only new but extremely specific, and it is still to be seen how this order will play out in the courts. Additionally, while the order will be formally published on Friday, September 4, 2020, it could be further revised later on. In the meantime, subscribe for future updates on this sticky, eviction situation.

State-Wide Eviction Moratoriums Still in Effect

As of September 2, 2020

      • Arizona – In effect until October 31, 2020.
      • California – In effect until February 1, 2021 for qualifying residents (would need to pay at least 25% rent owed since September by January 31, 2021).
      • Connecticut – In effect until October 1, 2020.
      • D.C. – In effect during state of emergency.
      • Florida – In effect until October 1, 2020.
      • Illinois – In effect until October 22, 2020.
      • Massachusetts – In effect until October 17, 2020.
      • Nevada – In effect until October 15, 2020.
      • New Jersey – In effect until October 1, 2020.
      • New Mexico – In effect during state of emergency.
      • New York – In effect until September 20, 2020.
      • Oregon – In effect until September 30, 2020.
      • Vermont – In effect during state of emergency.
      • Virginia – In effect until September 7, 2020.
      • Washington – In effect until October 15, 2020.

State-Wide Eviction Moratoriums Still in Effect

As of September 2, 2020

    • Arizona – In effect until October 31, 2020.
    • California – In effect until February 1, 2021 for qualifying residents (would need to pay at least 25% rent owed since September by January 31, 2021).
    • Connecticut – In effect until October 1, 2020.
    • D.C. – In effect during state of emergency.
    • Florida – In effect until October 1, 2020.
    • Illinois – In effect until October 22, 2020.
    • Massachusetts – In effect until October 17, 2020.
    • Nevada – In effect until October 15, 2020.
    • New Jersey – In effect until October 1, 2020.
    • New Mexico – In effect during state of emergency.
    • New York – In effect until September 20, 2020.
    • Oregon – In effect until September 30, 2020.
    • Vermont – In effect during state of emergency.
    • Virginia – In effect until September 7, 2020.
    • Washington – In effect until October 15, 2020.

State-Wide Eviction Moratoriums That Have Ended

As of September 2, 2020

      • Alabama
      • Alaska
      • Arkansas
      • Colorado
      • Delaware
      • Georgia
      • Hawaii
      • Idaho
      • Indiana
      • Iowa
      • Kansas
      • Kentucky
      • Louisiana
      • Maine
      • Maryland
      • Michigan
      • Minnesota
      • Mississippi
      • Missouri
      • Montana
      • Nebraska
      • New Hampshire
      • North Carolina
      • North Dakota
      • Ohio
      • Oklahoma
      • Pennsylvania
      • Rhode Island
      • South Carolina
      • South Dakota
      • Tennessee
      • Texas
      • Utah
      • West Virginia
      • Wisconsin
      • Wyoming

State-Wide Eviction Moratoriums That Have Ended

As of September 2, 2020

    • Alabama
    • Alaska
    • Arkansas
    • Colorado
    • Delaware
    • Georgia
    • Hawaii
    • Idaho
    • Indiana
    • Iowa
    • Kansas
    • Kentucky
    • Louisiana
    • Maine
    • Maryland
    • Michigan
    • Minnesota
    • Mississippi
    • Missouri
    • Montana
    • Nebraska
    • New Hampshire
    • North Carolina
    • North Dakota
    • Ohio
    • Oklahoma
    • Pennsylvania
    • Rhode Island
    • South Carolina
    • South Dakota
    • Tennessee
    • Texas
    • Utah
    • West Virginia
    • Wisconsin
    • Wyoming

While some renters might rejoice, these moratoriums unfortunately delay the inevitable. Without real financial assistance to back renters (and ultimately the rental housing industry), the eviction tsunami only gets scarier as time goes on. As 2021 gets closer, the other shoe will eventually drop.

While some renters might rejoice, these moratoriums unfortunately delay the inevitable. Without real financial assistance to back renters (and ultimately the rental housing industry), the eviction tsunami only gets scarier as time goes on. As 2021 gets closer, the other shoe will eventually drop.

How are your rental properties coping with these rapidly changing eviction moratoriums?

Let us know below!

How are your rental properties coping with these rapidly changing eviction moratoriums?

Let us know below!

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2 Replies to “Evictions are Delayed until 2021… Now What?”

  1. thank you for the great informational newsletters.

    i have a questions: i am a California landlord with a tenant requesting rent relief on a month to month contract.
    1) should i request back rent payments and schedule for Feb 2021?
    2) since he is on a month to month contract, can i give him 60 days notice and request him to move out? I, the landlord, may want to move into the property. is this considered an eviction?

    1. Thanks for the feedback!
      For your first question, California’s new eviction moratorium deals with specific dates, and if you’re looking to collect from March 1 to January 31 of next year, that’ll be a 15-day notice (no weekends or judicial holidays included). If you’re seeking back payments from March 1 – August 31, you cannot evict them if they provide that rent relief declaration. If the past due rent is from September 1 – January 31, 2021, you cannot evict them if they give the declaration AND if they pay 25% of missed payments by January 31. We did a webinar diving deeper into the California law (and the nationwide moratorium as well) that we recorded and posted here.

      For the second question, I would suggest contacting a lawyer as I’m not entirely sure if moving back into the property would have different legal requirements at this time. Keep in mind that your tenant could provide the CDC’s declaration in place of California’s declaration to prevent you from evicting them until after December 31st.

      Hope this helps!

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2 Replies to “Evictions are Delayed until 2021… Now What?”

  1. thank you for the great informational newsletters.

    i have a questions: i am a California landlord with a tenant requesting rent relief on a month to month contract.
    1) should i request back rent payments and schedule for Feb 2021?
    2) since he is on a month to month contract, can i give him 60 days notice and request him to move out? I, the landlord, may want to move into the property. is this considered an eviction?

    1. Thanks for the feedback!
      For your first question, California’s new eviction moratorium deals with specific dates, and if you’re looking to collect from March 1 to January 31 of next year, that’ll be a 15-day notice (no weekends or judicial holidays included). If you’re seeking back payments from March 1 – August 31, you cannot evict them if they provide that rent relief declaration. If the past due rent is from September 1 – January 31, 2021, you cannot evict them if they give the declaration AND if they pay 25% of missed payments by January 31. We did a webinar diving deeper into the California law (and the nationwide moratorium as well) that we recorded and posted here.

      For the second question, I would suggest contacting a lawyer as I’m not entirely sure if moving back into the property would have different legal requirements at this time. Keep in mind that your tenant could provide the CDC’s declaration in place of California’s declaration to prevent you from evicting them until after December 31st.

      Hope this helps!

Leave a Reply

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This site uses Akismet to reduce spam. Learn how your comment data is processed.

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The nation’s most trusted tenant screening for real estate agents, landlords, and property managers. No cost background checks available 24/7.

©2018 ApplyConnect. All rights reserved

ApplyConnect marks used herein are trademarks or registered trademarks of applyconnect.com. Other product and company names mentioned herein are the property of their respective owners.