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In a recent report, about seven million people risk eviction because they can’t pay rent while three million are expected to follow suit in the next months. Most of these high numbers of unemployment are related to the COVID-19 pandemic.
That said, one way you can avoid the possibility of an eviction filing an eviction moratorium. The Center for Disease Control issued a moratorium preventing landlords from evicting their tenants due to non-repayment of rent.
Some of the actions that could be classified as an illegal attempt to evict a tenant include illegal eviction attempts like shutting off utilities, locking out a tenant. If you want guaranteed eviction protection, here are some of the important considerations you should know.
Is the Eviction Moratorium by the CDC Automatic?
This eviction moratorium isn’t automatic. If you want eviction protection you need to visit the CDC website and fill out a declaration form. Remember that you have to sign this declaration under the penalty of perjury and this will require you to follow particular guidelines. A few common stipulations include;
- You should have an income of less than $99,000 for the year 2020.
- You can’t manage to pay your rent in full because of loss of income.
- In case of an eviction, you may need to move into a shelter or a shared home.
Once you finish signing your declaration, be sure to keep your copy and also deliver it to your landlord. If you aren’t sure whether you’re covered by a moratorium, be sure to speak to an attorney before signing the declaration.
Remember that if you mistakenly make omissions, misleading or false statements you could face possible jail-term or hefty fines.
Commercial Eviction Moratoriums: Key Guidelines You Should Know About
If you own a commercial building and have tenants who’ve qualified for the CDC eviction moratorium, you should provide your tenants with a written notice outlining the reasons for eviction. Additionally, you have the right to collect rent even if your businesses qualify for a moratorium.
You also need to know that your tenant has six months following the lapse of the moratorium before they can pay half of the arrears due and one clear to clear all outstanding balances. You should never charge late fees.
What Are the Steps to Take if You Can’t Settle Payments Due to the Pandemic?
As a tenant, you need to know that the CDC moratorium doesn’t stop your landlord from collecting fees and forgive unpaid rent. So, if you believe that you may not manage to settle your rent, you could request your landlord whether they can agree to these terms;
Rent reduction but you and your landlord should confirm this in writing
- Agree to a repayment plan of any past dues after returning back to work
- Rent forgiveness and wavering of late fees
What Eviction Protection Do You Have if Your Landlord Is Trying to Evict You?
Landlords need to understand what constitutes an eviction before terminating your tenancy. If you believe the right procedures were not followed, ensure that you file a complaint in court within five business days.
You will even have to attach a copy of the moratorium with your response and explain your reasons for not paying.
If your disagreement is because of the pandemic, be sure to include it in your response. In case it's due to the rent owed, your response should include a motion that determines the amount of rent if you don’t want to lose your case.
Take Action and Understand Eviction Moratorium
Landlords and tenants alike need to understand what’s required of them under the CDC eviction moratorium. This acts as eviction protection for tenants and ensures effective management of real estate properties for landlords.
Do you have a residential or commercial property that you’re struggling to manage? Contact us today and we will help you get it to its expected performance.