Eviction Moratorium Rules for rentals with NO mortgages in place

Investor · Fort Lauderdale, FL · Member since 2015 · 4 posts · 2 votes

Does anyone know if the eviction moratorium apply to all rentals? We have a SFH in south Florida with no mortgage. We may be needing to go down eviction process and would appreciate any insight.

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Nathan GesnerBusiness Member

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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes

Originally posted by @Alex Sanchez:

Does anyone know if the eviction moratorium apply to all rentals? We have a SFH in south Florida with no mortgage. We may be needing to go down eviction process and would appreciate any insight.

You can look at this guide from NOLO. It includes the CDC order and state-specific rules.

CLICK HERE

The national moratorium is about to expire and it's being found unconstitutional by federal courts, so I expect the floodgates to open any time now.

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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
5y
Originally posted by @Alex Sanchez:
Does anyone know if the eviction moratorium apply to all rentals? We have a SFH in south Florida with no mortgage. We may be needing to go down eviction process and would appreciate any insight.

You can look at this guide from NOLO. It includes the CDC order and state-specific rules.
CLICK HERE
The national moratorium is about to expire and it's being found unconstitutional by federal courts, so I expect the floodgates to open any time now.

The DIY Landlord Book4.7248 Reviews
Website View Page
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Alex Sanchez
OP
Investor · Fort Lauderdale, FL · Member since 2015 · 4 posts · 2 votes
5y
Thanks Nathan! I appreciate you taking time to reply.
From what I can tell... it does not seem to matter if the rental is free and clear or if it's mortgaged. I thought I had read somewhere early on that it only applies to homes with Fannie Mae, Freddie Mac, HUD/FHA, VA, or USDA backed loans. Looks like I was wrong.
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Aj Parikh
Rental Property Investor · Centreville, VA · Member since 2019 · 1k+ posts · 799 votes
5y
Thank you @Nathan Gesner This was really helpful. I was able to find a program for rental assistance through this website. Even my property managers were not aware of this. I let them go because if they can't figure this out, what use are they.
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Kyle J.
Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
5y
Originally posted by @Alex Sanchez:
Thanks Nathan! I appreciate you taking time to reply.
From what I can tell... it does not seem to matter if the rental is free and clear or if it's mortgaged. I thought I had read somewhere early on that it only applies to homes with Fannie Mae, Freddie Mac, HUD/FHA, VA, or USDA backed loans. Looks like I was wrong.

You weren't wrong. The first federal eviction moratorium under the CARES Act did cover all rentals with federally-backed mortgages. (You can read about that here if you're interested: The CARES Act Eviction Moratorium Covers All Federally Financed Rentals.)

However, the newer/broader federal eviction moratorium from the CDC that's in effect now, doesn't have any requirement for the mortgage to be federally-backed (or for the property to even have a mortgage). (You can read the CDC order here: CDC Order.)

The CDC order is currently set to expire at the end of this month (March 31st). However, there's already discussion about extending it. Some sources are reporting it could be extended all the way into July! Hopefully that doesn't happen, but I guess we'll find out soon enough.
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Nathan GesnerBusiness Member
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Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
5y
Originally posted by @Aj Parikh:
Thank you @Nathan Gesner This was really helpful. I was able to find a program for rental assistance through this website. Even my property managers were not aware of this. I let them go because if they can't figure this out, what use are they.

Exactly. A property manager should be handling this so you don't have to worry about it. If you're involved, they're not doing their job well enough and it may be time to show them the door.

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