CDC Eviction Moratorium - USE THIS FORM

99 Replies

Originally posted by @Mary M. :

If you want the govt rent funds, you must give the tenant the form.  and, my guess is that is you dont do this you wont be able to take the tenant to court 

There's nothing in the moratorium that requires a Landlord to provide the form. The responsibility lies solely with the tenant for initiating assistance requests.

However, it would look much better to the courts if the Landlord could provide evidence the form was delivered to the renter. This prevents them from claiming they didn't know. The question is, how would you prove delivery?

 

@Nathan G. its totally locale driven where I am the landlord must provide the form to get the funding - LLs need to carefully check their local laws etc 

@Nathan G. maybe a mod could create a sticky with links to rent funding information for folks. It seems many dont know it is available? 

And by funding i mean the federal rent funding 

@Nathan G.... I was thinking of hiring an Attorney for a money judgement for now and then evict once the ban is lifted but I’m not sure if it’s worth it to do anything now. The attorney would send notices and petitions and appear at the first court appearance but I’m wondering if I should just wait until the moratorium is lifted.🤔


And to answer your question about proof of service I would have it sent certified mail.

Originally posted by @Joyce Williams :

@Nathan G.... I was thinking of hiring an Attorney for a money judgement for now and then evict once the ban is lifted but I’m not sure if it’s worth it to do anything now. The attorney would send notices and petitions and appear at the first court appearance but I’m wondering if I should just wait until the moratorium is lifted.🤔


And to answer your question about proof of service I would have it sent certified mail.

Personally, I would wait. The tenant may decide to toe the line and pay up. Or maybe they keep piling more charges.

 

Originally posted by @Mary M. :
Originally posted by @Jonathan Stone:

@Samuel Haack

Oregon’s had bans extended further than the federal bans almost the entire time. Our current ban on this state is I believe through September. It will likely get extended to December.

So to answer your questions some states will use their own bans. Cities and Counties as well.

Do you have a source for this/ I am seeing June 30  as the end date 

Mary, 

Looks like you are right and I misread.  However you will notice that the state orders were issues prior to the federal orders and the local governments can extend moratoria past federal dates.

https://multco.us/chair-kafour...

Nice Catch.

If it's due to "COVID" have them fill this out https://www.cdc.gov/coronaviru... after it has been filled you can seek damages up to 80% from the government covering the missed rents, but only while the tenant is living there. Once they leave this is no longer accessible. 

Keep in mind this individual already signed a promise to pay lease and is not paying. Any legal document you would sign with such person is at your own risk. They obviously don't care about credit and reputation and would probably just skip town. 

Wishing you the best of luck. 

@Jonathan Stone I own rentals in Portland so I am keenly aware of the laws pertaining to Covid. It can be hard to keep up but its critical. 

@Matthew K. . Not surprising re profits (less turnover) and there are jurisdictions that are allowing evictions for non non payment of rent reasons. 

@Matthew K. - if you read that story closely, you'll see that Invitation filed over 500 evictions, but they said nothing about how many were successfully carried out. They did note that the vast majority of the evictions filed were worked out without having to remove the resident. So it's possible they've not done a single eviction throughout the moratorium.

However- Invitation is kicking butt. I suspect it's primarily driven by product type and geography. They rent single family homes. My single family rentals are outperforming multifamily dwellings right now(small sample size- I'm almost exclusively in multifam.) And I believe Invitation primarily invests in locations other than the Northeast(which had a pretty draconian shutdown in early 2020 compared to most of the country.)

@Michael Gansberg good ideas, but through reading other posts, it sounds like some people have been successful at evictions because of location and clauses that are not money.  NYC is very tenant friendly, so I assume that you may be among those not allowed to do evictions.  

Question: How do I get the blue underline for someone's name? 

Originally posted by @Matthew K. :

Question: How do I get the blue underline for someone's name? 

Type "@" and then their name, wait for a list to pop up, then select the individual you are trying to tag. 

It doesn't always work, so another option is to select "quote" on their post and just respond to them that way. You can delete their text and just leave their name if you want.

 

Originally posted by @Jonathan Stone :

@Samuel Haack

Oregon’s had bans extended further than the federal bans almost the entire time. Our current ban on this state is I believe through September. It will likely get extended to December.

So to answer your questions some states will use their own bans. Cities and Counties as well.

Thank you, Jonathan! This confirmed my suspicion. Tough to think the end of federal bans could not be the end of missed rents for landlords...

 

@Nathan G., this topic has shown up on multiple threads. 

Emergency Rental Assistance Program (ERAP) is a $25 Billion program administered by Dept of Treasury. Up to 15 months of rent and/or Up to $15K per household is payable directly to landlord. Assistance needs not be paid back by either tenant or landlord. Locally, each county administers ERAP, this link lists local ERAP by state. These local programs have just been or about to be stood up so search each locale ERAP for the latest. Tenant and optionally landlord fill out form to qualify eligibility.




@Nathan G.

W

Can we evict due to other things? Our tenant has put furniture on the front porch, hooked up a TV (fire hazard) and nailed shutters up to act as baby gates. Their acts violate our lease because of the damage and hazards... They've been told twice, stuff is still there. The other tenant called the city. I'm expecting a citation in the mail any day now... Can that be grounds for eviction?

This is in Berks County, PA.

Originally posted by @Lauren Ruppert :

Can we evict due to other things? Our tenant has put furniture on the front porch, hooked up a TV (fire hazard) and nailed shutters up to act as baby gates. Their acts violate our lease because of the damage and hazards... They've been told twice, stuff is still there. The other tenant called the city. I'm expecting a citation in the mail any day now... Can that be grounds for eviction?

This is in Berks County, PA.

Yes, the eviction moratorium specifically states you can still evict for other reasons. However, you need to check with your local courts because some courts are simply refusing to evict for any reason.