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?  

------------------------------------------------

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

    @Erica 

    @Erica McLeod......in what state have you seen holdover tenants evicted? How did they report loss on the tenants credit report?

    1Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    @Joyce Williams  to get ona tenants credit repot you have to participate a rent collection system that report late payments or take them to court and get a judgement  against them.

    0Reply
  • Joyce Williams
    Rental Property Investor · NY · Member since 2020 · 118 posts · 54 votes
    5y

    @Collen F.......I am in a rent collection system however they have suspended the option of reporting to the credit bureau because of COVID. 

    0Reply
  • Yonah WeissPro Member
    Cost Segregation Expert and Investor · Lakewood, NJ · Member since 2017 · 1k+ posts · 1k+ votes
    5y
    Originally posted by @Joyce Williams:

    @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.

    Joyce, An attorney I know Jaime Michelle Cain in upstate NY created a NY advocacy group for landlords called Under One Roof https://www.underoneroofny.org

    She also hosts a weekly roundtable via zoom with updates and support for landlords. You can check out more info here https://boylancode.com/rert/

    0Reply
  • David Wrenn
    Specialist · Member since 2019 · 49 posts · 26 votes
    5y
    Originally posted by @Yonah Weiss: Thank you sir, I will be in contact.
    Originally posted by @Joyce Williams:

    @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.

    Joyce, An attorney I know Jaime Michelle Cain in upstate NY created a NY advocacy group for landlords called Under One Roof https://www.underoneroofny.org

    She also hosts a weekly roundtable via zoom with updates and support for landlords. You can check out more info here https://boylancode.com/rert/

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

    @Yonah Weiss.....thank you.

    1Reply
  • Amy Li
    Member since 2021 · 5 posts · 2 votes
    5y

    My client wanted to list his investment and have been going through some painful experience trying to evict a tenant who has not paid rent for over a year. Referred him to an eviction lawyer last year and it's been another half a year of court proceedings and still at it. Very similar to some of the comments above but one thing I just wanted to share which this tenant pulled at the very end of the eviction process. He filed bankruptcy right before the eviction hearing. Now the tenant has the relief from stay and the proceedings will have to go through bankruptcy court before eviction court. 

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

    @Amy Li.... absolutely horrible! 

    1Reply
  • Amy Li
    Member since 2021 · 5 posts · 2 votes
    5y
    Originally posted by @Joyce Williams:

    @Amy Li.... absolutely horrible! 

    Yah... I feel so so bad for my client. 😢 

    1Reply
  • Bonnie Griffin KaakePro Member
    Real Estate Consultant · Denver, CO · Member since 2021 · 667 posts · 389 votes
    5y

    I too feel bad for investors with tenants that have taken advantage of the Covid eviction moratorium. The Cares Act has been a big help to those same investors by allowing the large NOLs created by cost segregation to be used 5 years backwards and put refunds in the banks of those investors. The Cares Act advantages only apply to RE Professionals and owner/occupants and must be done for 2020's tax filing. If you have already filed, it is not difficult for your tax pro to adjust (not amend) those 2020 taxes before the end of 2021. Of course, you will need a cost segregation study. We have saved many many restaurant owners across the country from closing their doors permanently by helping them and their tax professionals get this done. I am available if you want more information. 

    [email protected]303-475-4459
    0Reply
  • Charne Dixon
    Investor · Boston, MA · Member since 2016 · 4 posts · 3 votes
    5y

    Thank you for sharing this!

    1Reply
  • Kate K.
    Rental Property Investor · Lake Zurich, IL · Member since 2019 · 70 posts · 14 votes
    5y

    @Nathan G. So then the judgement does nothing for them. Right? If they don't care about their credit score, bounce from one job to another and have no money to pay for anything, then no matter what, even if Landlord wins in court after expensive eviction battle, the Landlord still is in the loss? Since those judgements not really affecting already irresponsible tenants.. That's what's I've gathered from what's going on and what other Landlords are sharing.

    I do my due diligence to screen tenants (credit and their full background), check their previous Landlords' and employment references. So far so good in terms of them paying rent.

    How does this CDC Moratorium form helpful to Landlords, if you don't mind my asking? Most of the people are making less than 100k/year and very few only did not receive stimulus checks. So that means that according to this form everyone qualifies and is exempt from paying rent the moment their household income has decreased or lost and if they face to become homeless? Just checking if we ever run into something like this in the future. Thanks for sharing👍!!

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

    That's why this program was a disaster from the start. Evictions should have never shut down. Tenants should only be exempt from eviction if they can prove they lost income due to COVID-19 and that they are making efforts to seek assistance and stay caught up. I know tenants that have not lost their job, yet they stopped paying rent. Others received stimulus checks and an extra $600 per week in additional unemployment, earning them approximately $5000 more than they would normally earn when working, yet they stopped paying rent. I currently have a renter on disability so her income has not changed yet she is my only renter to not pay anything for five months straight.

    You are absolutely right. Most of them don't care about their credit rating, don't work steady jobs, and could care less about a judgment or collection agency. The government has thrown us under the bus while coddling the bad tenants.

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  • Zachary Jensen
    Rental Property Investor · Suffolk, VA · Member since 2020 · 11 posts · 7 votes
    5y

    @Nathan Gesner Thank you for this!

    1Reply
  • Account Closed
    Investor · NY · Member since 2017 · 2 posts · 2 votes
    5y

    Great info.  Thanks!

    1Reply
  • Alberto Cruz
    New to Real Estate · Los Angeles, CA · Member since 2020 · 9 posts · 5 votes
    5y

    Nathan G.

    This was an awesome post. My wife and I have started our loan approval process to become investors and landlords, and her biggest fear was this question exactly. I'm more aggressive and say hard times will pass, yet she is my voice of reason at times. Thank you for this form and starting this post. Very Very informative. 

    2Reply
  • Colleen F.Pro Member
    Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
    5y

    @Joyce Williams that really is something that they suspended reporting for rents. I believe mortgages in forbearance are still reported as such not sure why rents would not be reported.   

    2Reply
  • Jennifer C.
    Member since 2021 · 25 posts · 10 votes
    5y

    To show that a tenant received the form, you could send it by email, certified mail, or have a them sign another form that they received it on X date.

    1Reply
  • Dolores Waldron
    Medford, MA · Member since 2008 · 122 posts · 23 votes
    5y
    HI Eric, 
    Would you mind sharing your cash for keys strategy ~ typically how much do you offer.
    I have a tenant in a property in Philadelphia that hasn't paid since March 2020 - said she's requested rental assistance from local authorities but not sure if she's received any as she's non responsive.  We have filed for eviction but waiting on moratorium to finish and then wait out a back log of evictions.   I really can't stand giving her any money for keys but I can't see when we can get her out.  Thanks for any input.


    Originally posted by @Eric Bilderback:

    @Nathan Gesner

    I think that if a tenet wants to take advantage of you they have always been able to do it.  If they don't mind having a harder time finding a place to live in the future, possibly garnished wages etc they can take you to the cleaners.  I don't think any of these laws or rent control help people but I do think they keep some people who might have invested.  

    I would always advice someone to buy only properties that good people would live in and screen the hell out of anyone who you let in.  I have 20-30 units and every year or two I have to throw money at a tenet to leave peacefully, "cash for keys."  Once you let a dirtbag slip through and get in your place its on you.  And you are not going to win because dirtbags have nothing to lose and you do.

    1Reply
  • Eric Bilderback
    Real Estate Agent · Sisters, OR · Member since 2014 · 1k+ posts · 1k+ votes
    5y

    @Dolores Waldron

    I have paid a months rent but I would pay more.  I had a guy that tried to strangle his girlfriend who the hell wants to live by that?  It’s my fault for letting a loser and his drama in the apartment.  It’s not his fault for being a loser he snuck through.  I would have paid more.  I try and get market rents for my places I owe it to my tenets to know I might be a dick but I am not going to stand by while they feel unsafe or let some loser scum the place up.  
    Screen Screen screen, I do cash for keys once a year or so and have 40+ doors.  I also tell them if they don’t leave I will make sure I do everything possibly can legally to make their life difficult.

    0Reply
  • Elisabeth Lernhardt
    Member since 2019 · 57 posts · 39 votes
    5y

    https://www.theepochtimes.com/...

    the federal moratorium has been defeated, but liberal states are creating their own.

    1Reply
  • Ashley Herring
    Realtor · Lake Nona, FL · Member since 2021 · 36 posts · 23 votes
    5y

    As a former property manager that experienced all sorts of situations during the pandemic, I couldn't agree with @Nathan Gesner's post. Documentation is key! As often as things change, whether it be a law/"standard"/administration, it's CRITICAL to document. Thanks Nathan for always providing valuable content!

    0Reply
    • Nathan GesnerBusiness Member
      Moderator
      OP
      Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
      5y
      Originally posted by @Ashley Herring:

      As a former property manager that experienced all sorts of situations during the pandemic, I couldn't agree with @Nathan Gesner's post. Documentation is key! As often as things change, whether it be a law/"standard"/administration, it's CRITICAL to document. Thanks Nathan for always providing valuable content!

      I hope you meant, "I couldn't agree more with Nathan G.'s post." ;)

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  • Luis Limon
    Rental Property Investor · Modesto, CA · Member since 2019 · 15 posts · 4 votes
    5y

    Biden wants to Extend the moratorium. I hope is defeated in congress. All Democrats will have to unify behind it for it to pass.

    https://www.cnn.com/2021/07/29...

    0Reply
  • Luis Limon
    Rental Property Investor · Modesto, CA · Member since 2019 · 15 posts · 4 votes
    5y

    I had 2 tenants not pay rent since covid started. They are inherited tenants. The first one was a drug addict, who turned the apartment into a drug house. I was able to get him out because he was creating an unsafe environment for my other tenants and the neighborhood. 

    The other tenant stopped paying rent completely 11 months ago and owes me over $12,000 in rent. The unit is "rented" $300 under the market. Not sure if one can increase the rent on someone who does not pay anything. The same lawyer who helped me evict the same tenant is not giving me many hopes in evicting this tenant as long as the federal and California evictions are in place.  

    I have many concerns.

     If I send a pay rent or quit notice. After it expires rental agreement is canceled and the tenant will no accumulate more unpaid rent, Meaning until he is kicked he is rent-free. With complicates the eviction because California eviction law says one cannot evict because of rents not paid during the pandemic months for Years after. 

    He is on a duplex where I pay for water, sewer, and garbage, In my lease agreement, my only responsibility is water and sewer. I contemplated removing garbage and let it pile out). The lawyer advised me not to do this because it can be considered a punitive move, to get the tenant to leave... even when I'm not responsible for garbage in the contract.

    With only one rent this property is negative cash flow since the tenant stopped paying rent. 

    ---

    I filled a county form to request tenant past dues paid, about 1 month ago, No email or communication; So I don't expect anything. I filled the form mostly because California law. says I have to apply for rental assist if I take the tenant to court.

    0Reply
  • Joyce Williams
    Rental Property Investor · NY · Member since 2020 · 118 posts · 54 votes
    5y

    I mentioned my tenant several times in this forum. She was a holdover in October 2020 and refused to leave because she took advantage of the pandemic. Her husband left with their infant child when their lease was up but she stayed because she knew she could. My attorney sent her a pay or quit in February 2021 and once she got it she texted me telling me to take her to court. In June 2021, I kept hearing the eviction moratorium was being extended, I even contacted my attorney and he said there was nothing I can do until August. I called the local court in my area and asked if I could start the eviction paperwork now so when the moratorium is over I would not have to wait long and the clerk told me that the judge was currently hearing evictions. I got on the phone with my Attorney right away and he called the court and got a date for July 6. He went to court and my tenant informed the judge that she was disabled (new information to me, she wasn’t disabled when she moved in the year prior with her husband) and had no place to go but the judge told her to be out by August 27. I received the warrant yesterday and took it to the sheriff and hopefully she’ll be out end of August. Bottom line is call the court directly, had I not I would have still been waiting. This tenant owes me $15,375. She has paid absolutely nothing and her favorite words are “take me to court.” I’m glad I did. She didn’t even fill out the hardship form which was sent to her by my attorney when he sent her the paperwork to attend court. If she would have filled out the hardship paperwork the judge probably wouldn’t have heard the case. 

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