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

    @Joyce Williams

    We did a background check which includes credit and financial. They were employed, they were just bad people. The eviction moratorium was lifted only if you were not COVID impacted.  We always conduct a thorough background check.  Sometimes you do your screening correct, but it just doesn’t work out.

    2Reply
  • Joyce Williams
    Rental Property Investor · NY · Member since 2020 · 118 posts · 54 votes
    5y

    @Kenneth Garrett... I also did a background check which included financial. The lease expired October 2020 and I sent them a notice notifying them that I was not renewing their lease 60 in advance. The wife was a horrible tenant. The husband left with their infant baby but the wife stayed. The husband had the electricity turned off when I informed him that she didn’t leave and she just had it turned on in her name. She’s been there since October 2020 with an expired lease and not a cent of rent. I’m owed over $10,000 in rent and she told me that she’s going to make out in the end. She’s actually making out now as well. I’m sure she won’t leave until the moratorium is lifted or I can evict her. In NY I can’t even evict a holdover tenant. She hasn’t been impacted by COVID, she’s benefitted from COVID. It would be great if the people that are taking advantage of COVID get criminal charges filed against them, hefty fines, something.

    0Reply
  • Robyn Imperatrice
    Member since 2020 · 5 posts · 0 votes
    5y

    thank you!

    0Reply
  • David Wrenn
    Specialist · Member since 2019 · 49 posts · 26 votes
    5y

    Does anyone know of any advocacy groups in NJ or nationally?  The moratorium while necessary initially in my opinion is criminal at this point.  Bigger Pockets users should unite and have their collective voices heard. 

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

    @David Wrenn.... I need an advocacy group in NY so let me know if you hear of any. And it is absolutely criminal as I mentioned in a previous post and the people taking advantage of this moratorium should not only have to pay the back rent but they should have to pay a hefty fine to US and depending on how much they milked this moratorium they should do jail time.

    1Reply
  • Bernie NeyerPro Member
    Investor · Chanute, KS · Member since 2016 · 160 posts · 60 votes
    5y

    The form you displayed has a section that says when it's signed, that the signatory is doing so under penalty of perjury. The problem is that no one will prosecute them for the offense, so the whole thing is a farce. It is a scoff law. 

    if they don't sign it however, they are supposed to be subject to eviction, but the judges won't entertain a hearing on the matter, so it's still moot.

    My attorney told me, and I'm sure it probably only applies in Kansas, that you can remove the tenant for what we call a 14/30 letter. This is a notification that the tenant is in violation of the lease agreement, other than rent payments. Loss of utilities would apply, destruction of property, ect.

    Our attorney also said they can be removed over a simple 30 day notice to vacate the premises, no other reason given. I'm sure this might not apply in some states. I think Washington has a bar against removing them with a 30 notice.

    There isn't much you can do if a tenant goes bad, but you can sure do due diligence before letting them in. Plus it's better to cut the rent a little and get a good tenant, than try to remove a bad one.

    1Reply
  • Joshua Darakjian
    Attorney · Boston, MA · Member since 2019 · 2 posts · 0 votes
    5y

    @Dan Maciejewski. Be sure to file the CDC affidavit form before the Tenants do then the moratorium is moot.

    0Reply
  • Dan Maciejewski
    Realtor · PInellas County Largo, FL · Member since 2016 · 902 posts · 810 votes
    5y
    Originally posted by @Joshua Darakjian:

    @Dan Maciejewski. Be sure to file the CDC affidavit form before the Tenants do then the moratorium is moot.

     Unfortunately, whether or not the CDC ruling applies, there are still a ton of jurisdictions where the local authorities aren't allowing evictions.  And there are some judges that aren't hearing them even if the local jurisdiction allows them.  

    We are in crazy times!  Or, as my partner says sometimes, "Are we living in clown world?!"

    2Reply
  • Hannah Agoston
    Member since 2019 · 8 posts · 0 votes
    5y

    Thank you so much for this!!!

    0Reply
  • David Johnson
    Member since 2021 · 17 posts · 10 votes
    5y

    Thanks for sharing!

    1Reply
  • Bailey D Abbott
    Flipper/Rehabber · Dallas, TX · Member since 2021 · 7 posts · 3 votes
    5y

    Does anybody know the current status of evictions in Texas? 

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y
    Originally posted by @Dan Maciejewski:
    Originally posted by @Joshua Darakjian:

    @Dan Maciejewski. Be sure to file the CDC affidavit form before the Tenants do then the moratorium is moot.

     Unfortunately, whether or not the CDC ruling applies, there are still a ton of jurisdictions where the local authorities aren't allowing evictions.  And there are some judges that aren't hearing them even if the local jurisdiction allows them.  

    We are in crazy times!  Or, as my partner says sometimes, "Are we living in clown world?!"

    That's exactly right. Our entire justice system has fallen apart on this issue. First, the CDC Moratorium is unjustified. Second, it is illegal. Third, the Moratorium specifically states tenants can still be evicted for other reasons, but courts refuse to act.

    I'm slightly optimistic we'll see a correction, but it may be years down the road. I think there's a very good chance this is a step towards the erosion of Landlord rights and things will continue to degrade. Time will tell.

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  • Dan Maciejewski
    Realtor · PInellas County Largo, FL · Member since 2016 · 902 posts · 810 votes
    5y
    Originally posted by @Nathan Gesner:


    @Dan Maciejewski. Be sure to file the CDC affidavit form before the Tenants do then the moratorium is moot.

     Unfortunately, whether or not the CDC ruling applies, there are still a ton of jurisdictions where the local authorities aren't allowing evictions.  And there are some judges that aren't hearing them even if the local jurisdiction allows them.  

    We are in crazy times!  Or, as my partner says sometimes, "Are we living in clown world?!"

    That's exactly right. Our entire justice system has fallen apart on this issue. First, the CDC Moratorium is unjustified. Second, it is illegal. Third, the Moratorium specifically states tenants can still be evicted for other reasons, but courts refuse to act.

    I'm slightly optimistic we'll see a correction, but it may be years down the road. I think there's a very good chance this is a step towards the erosion of Landlord rights and things will continue to degrade. Time will tell.

     I didn't want to get all political on a public forum but yes.  And with the current administration's leanings and the rising popularity of certain political parties that do not like "rent seeking" behaviors, landlords are certainly being put under stress from the Federal government.  Thankfully we are a lot of jurisdictions in this country, so some places are landlord friendly.  Thankfully I am in one.  And oddly, every time you push investors out of an area, it gets worse for the renters.

    0Reply
  • Kar Sun
    Member since 2021 · 402 posts · 277 votes
    5y
    Originally posted by @Dan Maciejewski:
    Originally posted by @Joshua Darakjian:

    @Dan Maciejewski. Be sure to file the CDC affidavit form before the Tenants do then the moratorium is moot.

     Unfortunately, whether or not the CDC ruling applies, there are still a ton of jurisdictions where the local authorities aren't allowing evictions.  And there are some judges that aren't hearing them even if the local jurisdiction allows them.  

    We are in crazy times!  Or, as my partner says sometimes, "Are we living in clown world?!"

     The fact that we have "cdc ruling" is crazy. who is cdc to create laws?

    0Reply
  • Nadir M.
    Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes
    5y

    @Jerrid M. Richards

    Summary eviction state?? Which other states?

    0Reply
  • Nadir M.
    Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes
    5y

    @Phil Davies

    Forward. I own 4 hours and only one waa partially effected. All depends on tenant.

    0Reply
  • Nadir M.
    Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes
    5y

    @Nadir M. Houses

    0Reply
  • Nadir M.
    Property Manager · Westminster, CO · Member since 2018 · 486 posts · 110 votes
    5y

    @Joyce Williams

    Agreed! I can’t believe it’s come to this. Judges courts and the Feds know tenants are taking advantage of COVID moratoriums. The problems are the courts not these tenants. More tenants in hardship would try anything in their power to make any payments if they knew they couldn’t get a way with it. It’s just sad.

    0Reply
  • Mei Acosta
    Real Estate Consultant · Seattle WA | Miami FL &|Ft. Lauderdale, FL · Member since 2019 · 95 posts · 29 votes
    5y

    Thank you for sharing!!

    0Reply
  • Deisy P.
    Rental Property Investor · South Padre Island, TX · Member since 2018 · 160 posts · 157 votes
    5y

    @Nathan Gesner and @Dan Maciejewski agreed. I just lost my case. Damages that they tried to remediate a couple of days before trial and haven't paid me for 7 months. The judge laughed at what they would say when they acted cute representing themselves and made me out to be the bad guy from moment one. I felt poorly supported by this system. I still do. I have bills to pay and now I have to sell because I can't afford it anymore. I also just got told by the plumbing company that they suspected tenant tampering with toilet plumbing when they came to perform a consumption report. My hands are tied behind my back and I cannot believe this person is getting away with everything. #chicago Any help or advice would be completely appreciated, from anyone that has the chance to read this.

    2Reply
  • Deisy P.
    Rental Property Investor · South Padre Island, TX · Member since 2018 · 160 posts · 157 votes
    5y

    @Kenneth Garrett who was your attorney?

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    OP
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    @Deisy P. it's unfortunate. The entire situation is illegal, immoral, and turns my stomach that our country has taken this turn. At this point, it sounds like you can sell or stay and fight. The latter may result in a win, but it will be a long, expensive fight. I would probably unload and move your money (if you have any left) to a state that still believes in some form of justice.

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

    @Deisy P.

    Send me a pm for attorney info.  This was not in Chicago.

    0Reply
  • Erica McLeod
    Member since 2019 · 2 posts · 0 votes
    5y

    @Jerrid M. Richards I have had partners report loss rent on credit report and that has seemed to get some results. I have also seen partners get tenants evicted for Holdover and stated they need to do repairs to property to get around the moratorium.

    0Reply
  • Todd Branson
    Rental Property Investor · IN (indiana) · Member since 2021 · 3 posts · 1 vote
    5y

    Who put the CDC in charge of evictions anyway. 

    1Reply
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