The CDC’s FAQ Says More About How to File for Eviction

Share on email
Share on twitter
Share on facebook
Share on linkedin

The CDC’s FAQ Says More About How to File for Eviction

SHARE:

Share on email
Share on twitter
Share on facebook
Share on linkedin

It seems like rental housing laws pop up in the blink of an eye. Since the sweat-inducing rental housing laws proposed in August, we’ve got plenty of updates. There are more answers to the industry’s most pressing questions surrounding the CDC’s eviction moratorium, and there are new state-specific changes regarding unlawful detainer forms, eviction appeals, and more.

Take a deep breath and keep your eyes peeled for these and future rental housing law updates.

New Answers on the Federal Eviction Moratorium

The CDC’s emergency order implementing a four-month eviction moratorium across the country came as a shock to the industry. Since September’s surprise, the CDC has finally released answers to the industry’s most pressing FAQ.

So, what’s new?

It seems like rental housing laws pop up in the blink of an eye. Since the sweat-inducing rental housing laws proposed in August, we’ve got plenty of updates. There are more answers to the industry’s most pressing questions surrounding the CDC’s eviction moratorium, and there are new state-specific changes regarding unlawful detainer forms, eviction appeals, and more.

Take a deep breath and keep your eyes peeled for these and future rental housing law updates.

New Answers on the Federal Eviction Moratorium

The CDC’s emergency order implementing a four-month eviction moratorium across the country came as a shock to the industry. Since September’s surprise, the CDC has finally released answers to the industry’s most pressing FAQ.

So, what’s new?

      • State and Local Courts Can Still Be Open
        The eviction moratorium should not terminate or suspend state or local court operations. It is not intended to prevent you from initiating an eviction – so long as it’s not an eviction of a “covered person” (see who that applies to here) for nonpayment during the covered time period.

         

      • You Can Legally Challenge Tenant Declarations

This order does not stop you from challenging the truthfulness of a renter’s declaration in court. However, these protections will still apply to a declared tenant during the order’s time period until the state or municipal court decides your challenge.

  • State and Local Courts Can Still Be Open
    The eviction moratorium should not terminate or suspend state or local court operations. It is not intended to prevent you from initiating an eviction – so long as it’s not an eviction of a “covered person” (see who that applies to here) for nonpayment during the covered time period.

     

  • You Can Legally Challenge Tenant Declarations

This order does not stop you from challenging the truthfulness of a renter’s declaration in court. However, these protections will still apply to a declared tenant during the order’s time period until the state or municipal court decides your challenge.

      • Every Tenant in a Unit Needs to Apply for Declarations

Each adult listed on the lease will need to complete, sign, and provide a declaration to you in order to get the eviction moratorium protections.

      • Your Renters Still Owe Rent & Must Follow All Rules in the Lease

This eviction moratorium is temporary, and when all’s said and done, your declared tenants are still obligated to pay all past due rent. They are also still obligated to follow the other terms of their lease. Covered persons must also use best efforts to make timely partial payments (as circumstances permit and considering other nondiscretionary expenses).

      • You Are Not Required to Tell Your Renters About the Order and Declaration Requirements
      • Anyone who Lies About Being a Covered Person is Subject to DOJ Prosecution

Additional COVID-19 Relief? We Don’t Know Her.

Unfortunately, we’re still waiting to hear if there will be additional COVID-19 relief. As the House and Senate are currently fighting over what bill to pass, the likelihood a relief bill will be passed before the election is incredibly slim.

State-Specific Updates

In addition to nationwide news, there are a handful of notable updates in California, Nevada, South Carolina, and Hawaii that could affect your property.

  • Every Tenant in a Unit Needs to Apply for Declarations

Each adult listed on the lease will need to complete, sign, and provide a declaration to you in order to get the eviction moratorium protections.

  • Your Renters Still Owe Rent & Must Follow All Rules in the Lease

This eviction moratorium is temporary, and when all’s said and done, your declared tenants are still obligated to pay all past due rent. They are also still obligated to follow the other terms of their lease. Covered persons must also use best efforts to make timely partial payments (as circumstances permit and considering other nondiscretionary expenses).

  • You Are Not Required to Tell Your Renters About the Order and Declaration Requirements
  • Anyone who Lies About Being a Covered Person is Subject to DOJ Prosecution

Additional COVID-19 Relief? We Don’t Know Her.

Unfortunately, we’re still waiting to hear if there will be additional COVID-19 relief. As the House and Senate are currently fighting over what bill to pass, the likelihood a relief bill will be passed before the election is incredibly slim.

State-Specific Updates

In addition to nationwide news, there are a handful of notable updates in California, Nevada, South Carolina, and Hawaii that could affect your property.

      • California: COVID-19 Relief Act Forms

The form Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (UD-101)’ has to be filed in all unlawful detainer actions, with the cover sheet completed by either you (the rental property owner) or your attorney.

The Judicial Council has approved 3 new forms and one revised form for eviction cases. While the COVID-19 Tenant Relief Act of 2020 (aka California’s eviction moratorium) prohibits evicting renters who claim COVID-related hardships, it also allows the courts to proceed with unlawful detainer actions with other causes. These forms enable the courts to abide by the new law while also allowing you to pursue unlawful detainers not associated with nonpayment due to COVID-19. All new and revised forms can be found here.

  • California: COVID-19 Relief Act Forms

The form Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations—Unlawful Detainer (UD-101)’ has to be filed in all unlawful detainer actions, with the cover sheet completed by either you (the rental property owner) or your attorney.

The Judicial Council has approved 3 new forms and one revised form for eviction cases. While the COVID-19 Tenant Relief Act of 2020 (aka California’s eviction moratorium) prohibits evicting renters who claim COVID-related hardships, it also allows the courts to proceed with unlawful detainer actions with other causes. These forms enable the courts to abide by the new law while also allowing you to pursue unlawful detainers not associated with nonpayment due to COVID-19. All new and revised forms can be found here.

      • Nevada: Eviction Moratorium is No More

Nevada’s state eviction moratorium has been lifted, however, be mindful that the CDC’s nationwide eviction moratorium (as seen above) is still in effect.

      • South Carolina: Eviction Appeals Are Easier

Originally, renters seeking an appeal of an eviction order would be required to pay all past-due rent before the appeal could move forward, even if they were challenging the amount due. The Post and Courier reports that Chief Justice Donald Beatty has instructed magistrates to stop this practice.

While the CDC’s eviction moratorium is causing many in the industry to shake their heads in frustration, we’ll be there every step of the way to provide you with updates and industry insight on all things eviction moratorium. Make sure you’re subscribed for more rental housing legislative news.

  • Nevada: Eviction Moratorium is No More

Nevada’s state eviction moratorium has been lifted, however, be mindful that the CDC’s nationwide eviction moratorium (as seen above) is still in effect.

  • South Carolina: Eviction Appeals Are Easier

Originally, renters seeking an appeal of an eviction order would be required to pay all past-due rent before the appeal could move forward, even if they were challenging the amount due. The Post and Courier reports that Chief Justice Donald Beatty has instructed magistrates to stop this practice.

While the CDC’s eviction moratorium is causing many in the industry to shake their heads in frustration, we’ll be there every step of the way to provide you with updates and industry insight on all things eviction moratorium. Make sure you’re subscribed for more rental housing legislative news.

Which Laws are You Let Us Know What to Focus on in the Comment Section below!

Subscribe!

31 questions to ask rental applicants

Categories

Subscribe for more news and tips!

Share with your friends!

Share on facebook
Share on Facebook
Share on twitter
Share on Twitter
Share on linkedin
Share on Linkdin
Share on email
Share via Email

More Articles from ApplyConnect

Leave a Reply

Your email address will not be published. Required fields are marked *

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

Share this Article!

Share on facebook
Share on twitter
Share on linkedin
Share on email

Leave a Reply

Your email address will not be published. Required fields are marked *

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

More Articles from ApplyConnect

Blog Topics

Click the dropdown

Get Started with ApplyConnect!

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.

Get Started with ApplyConnect!

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.