As many of you are aware, the CDC (Centers for Disease Control and Prevention) recently issued rules that halt evictions in many circumstances. Unlike the CARES Act eviction moratorium, the CDC order applies to all rental properties, not just properties with federally backed mortgages. At this time it’s important to remember – don’t panic. If we happen to be managing your property, we have a very low default rate currently. We have done a lot of work on the front end to drastically reduce the volume of delinquent situation. And, this order does not relieve tenants from their obligation to pay rent. This CDC order only goes through the end of the year. Here's a copy of the actual order (HERE).
Under the new order a tenant cannot be evicted if they provide us with a statement that:
- They have an income of less that $99,000 per year (or $198,000 for couples filing jointly) or they received a stimulus check;
- They have sought out government assistance to make their rent payment and still cannot pay;
- They are unable to pay rent for a COVID-19 related reason;
- They are making their best effort to pay rent; and
- They are likely to become homeless or move in with others if evicted.
If a tenant provides us with an affidavit stating all of the above 5 things, then we will not be able to evict them until the end of the year. However, it is a tenant's burden to produce such an affidavit and provide it to us. If a tenant fails to do so then it’s business as usual. Moving forward, we will continue to proceed with eviction cases. But it is important to remember the following:
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If a tenant gives you anything that resembles the above affidavit – or says that they can’t pay rent and can’t be evicted – email that document to us and/or your eviction attorney. We can help get you the advise you on how to proceed.
- If you haven’t received anything similar to the above notice from tenants then continue with the eviction process according to the advice of your eviction attorney.
- This CDC moratorium DOES NOT apply to evictions for any lease violations other than payment of rent.
Please keep in mind, there are criminal penalties associated with violating the CDC order, and they are severe. So please stay in compliance with the law.
We are also working with the UAA in creating program through the state where rental owners themselves, can apply on behalf of renters who aren’t paying. Stay tuned for more information on that as it develops.
