CDC Eviction Moratorium - USE THIS FORM

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CDC Eviction Moratorium - USE THIS FORM

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

I'm still seeing a lot of Landlords that don't realize the eviction moratorium includes Tenant requirements. If you have a tenant that is not paying due to the Eviction Moratorium, use this form to document the situation. If they are unwilling to complete the form, that can be used as evidence against them later on. The form includes resources for additional information or assistance.

https://www.cdc.gov/coronaviru...

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John Clark
Member since 2018 · 1k+ posts · 1k+ votes
5y
Originally posted by @Phil Davies:

I've been considering property investment for a couple of years now.  I was ready to pull the trigger a year ago but then Covid hit and I feel like I've dodged a bit of a bullet with the ludicrous eviction moratoriums in place.  Does it make sense to move forward now, or should I wait to see how the eviction bans (Fed & States) pan out moving into the summer?  

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Wait, for longer than this Summer, for two reasons: First, as you say, you need to see how the eviction moratoria play out, and; Second, you want to see how the foreclosure moritoria play out.

The eviction front will put a lot of inventory on the market and rents will go down. That will give you a better idea of what you can charge for apartments and therefore what you can pay for a building. The foreclosure front will put inventory on the market as banks foreclosure. The two combined will put more inventory on the market as small scale landlords quit the business because they are fed up with being abused.

Use this time to investigate the areas and neighborhoods you want to be in, and to develop your policies and criteria for those neighborhoods. You will read a lot about people here insisting on WRITTEN screening criteria. That's nice, but investigate credit score cut offs, employment screens, pet/prison/income criteria, how to recognize necessity moves (probably stiffed the old landlord), etc. etc., and work up your own criteria, consistent with local laws. Work also on your financial models -- those will change depending on the neighborhoods you want to be in. Find examples of failed financial models and figure out why they failed. Find good models and figure out what made them good. That way, when inventory starts coming on the market you'll be able to buy at a good price properties that you know will work for you.

Finally, start small. It's important to start, not to get big quickly. Grow with experience.

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  • John Tomassacci
    Member since 2019 · 20 posts · 2 votes
    5y

    Thank You.  I knew about the rules but you providing the form is perfect.

    1Reply
  • Lou Elson
    Real Estate Agent · Madison, WI · Member since 2018 · 8 posts · 2 votes
    5y

    @Nathan G. Thank you so much!

    Great info.

    2Reply
  • Nathan GesnerBusiness Member
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    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    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.

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  • Stanley Huertas
    Member since 2019 · 12 posts · 6 votes
    5y

    @Mary M. Would the housing authority go after them if there just not paying rent because of the eviction moratorium, I feel some are using as free pass on rent

    0Reply
  • Randy B.
    Rental Property Investor · Seattle, WA · Member since 2020 · 43 posts · 21 votes
    5y

    @John Clark

    Great advice John!!

    1Reply
  • Jonathan StonePro Member
    Rental Property Investor · Camas, WA · Member since 2020 · 285 posts · 202 votes
    5y
    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.

    0Reply
  • Ryan Talmadge
    Tampa, FL · Member since 2021 · 108 posts · 68 votes
    5y

    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. 

    3Reply
  • Matthew K.
    Investor · Pittsburgh, PA · Member since 2020 · 36 posts · 16 votes
    5y

    Hey guys!  Invitation Homes is apparently the largest company of real estate rentals in the US and they had a record year last year which included successful evictions.  What are they doing that we are not? 

    https://www.cbsnews.com/news/e...

    0Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    @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. 

    0Reply
  • Michael Gansberg
    Investor · New York City, NY · Member since 2015 · 388 posts · 563 votes
    5y

    @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.)

    2Reply
  • Thomas Filak
    Member since 2020 · 24 posts · 17 votes
    5y

    @Nathan G. Most of the places don’t process eviction no matter what you do.

    Sheriffs don’t evict even with court order

    1Reply
  • Matthew K.
    Investor · Pittsburgh, PA · Member since 2020 · 36 posts · 16 votes
    5y

    @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? 

    1Reply
  • Nicholas Cooper
    Rental Property Investor · Fort Worth, TX · Member since 2020 · 11 posts · 6 votes
    5y

    @Nathan G. Thank you!

    1Reply
  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    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.

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  • Sam HaackPro Member
    Real Estate Agent · Jackson Hole, WY · Member since 2019 · 27 posts · 39 votes
    5y
    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...

    [email protected]307-699-1313Podcast Guest on Show Making $175K in Instant Equity on Her First Real Estate Deal
    1Reply
  • Dave SpoonerPro Member
    Rental Property Investor · Cincinnati, OH · Member since 2020 · 870 posts · 823 votes
    5y

    Hey @Nathan Gesner, this is super valuable, thanks for sharing.

    [email protected]
    3Reply
  • Dean D.
    Rental Property Investor · Sugar Land, TX · Member since 2018 · 13 posts · 9 votes
    5y

    @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.



    3Reply
  • Lauren Ruppert
    Rental Property Investor · Member since 2019 · 67 posts · 29 votes
    5y

    @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.

    2Reply
  • Nathan GesnerBusiness Member
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    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    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.

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  • Kar Sun
    Member since 2021 · 402 posts · 277 votes
    5y

    this is just more data collecting business. cdc and the govt have created this situation. they won't  be there to help.

    0Reply
  • Jim Cummings
    Residential Real Estate Broker · College Station, TX · Member since 2013 · 1k+ posts · 969 votes
    5y

    @Nathan Gesner. Thanks for the CDC Form. 

    1Reply
  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    5y

    @Nathan Gesner

    I just evicted a tenant in Illinois which is not easy as it’s very pro tenant.  Per state law we had to serve the tenant with the form.  Had to serve them three times throughout the process. Sheriff would not serve so we had to hire a process server.  Illinois had a no eviction executive order until recently where you had to prove you were impacted by COVID.  Lost 8 months of rent,  but we got the unit back.  Hang in there everyone.  It can be done.

    3Reply
  • Joyce Williams
    Rental Property Investor · NY · Member since 2020 · 118 posts · 54 votes
    5y

    @Kenneth Garrett..... Did you use an Attorney for this eviction? Did you or your Attorney ask for a monetary judgement?

    1Reply
  • Kenneth GarrettPro Member
    Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes
    5y

    @Joyce Williams

    Yes, because of COVID we used an attorney.  Yes we received a judgement as well, but we need to file other documents to enforce the judgement.  We don’t expect to collect any of the judgement, but we can always hope.  If they try to buy a car or home it will show up on there credit report. That’s probably the only way we will collect anything.

    1Reply
  • Joyce Williams
    Rental Property Investor · NY · Member since 2020 · 118 posts · 54 votes
    5y

    @Kenneth Garrett....Were they gainfully employed when they signed the lease? Did you do a background check on them?


    Was the rent moratorium lifted in your state? We’re they evicted for non payment of rent or something else?

    0Reply
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