Is the moratorium on evictions federal or by state?

Question

Just wanted to know where to look to confirm the exact "rules/laws" regarding evictions during this time (coronavirus). Is it federal or regulated by state? I'm looking specifically at Oklahoma. I think the earliest I could evict would be June first, so I wanted to get the ball rolling now so it could happen by then.

Thanks in advance!

Tracy Streich · Answer

I really think that June 1 is not very realistic at this point.   Most of the courts in Oklahoma are closed until at least May 15th.   Yes, you can file online but I don't think you will get much traction with that. The sheriff still has to serve and evict.   After they open up you will be in line with everyone else trying to get the same thing.   They can only put so many cases on the docket everyday.   If you can evict, I think that the last week in June will be the very first time.   If you have a federally backed loan you cannot evict for 120 days from the day the Cares Act went into effect (March 27th)   At the end of the 120 days you will have to give a 30 day notice.  This is on federally backed loans only.   Beware tenant advocacy groups are on the look out for landlords not doing this right and are looking to make examples.   Don't be the example.   Make sure you do it right.

Nathan Gesner · Answer

There is a federal moratorium on properties that have a government-backed mortgage (Fannie Mae, Freddie Mac, VA, etc.) but from what I can see, Oklahoma has it's own rules. You also have to check with your county because some counties are setting their own rules.

OKLAHOMA RENT MORATORIUM

As a Landlord in Oklahoma, you should know where to go for this information and stay updated on it.

Kyle J. · Answer

@Kelsey P.  All the eviction moratoriums that would affect us as landlords are at the city, county, and state levels.  So you'll need to research those.

(There are no federal moratoriums on evictions, except the one pertaining only to HUD, and that only pertains to HUD-owned properties.)

Evan Polaski · Answer

@Kelsey P., @Nathan G. offers the best advice, consult with your city, county, and state, because each seems to making their own rules.

Federally, HUD will not be processing any evictions for any programs they control.  I have not followed up on this, but I believe that means section 8 housing you may have.

For me, I believe Cincinnati and Hamilton county both placed bans on evictions before the state put a statewide ban in place, so again there are many different jurisdictions that can control this and may be putting out their own rules.

Mitch Messer · Answer

@Kelsey P. I would strongly encourage you to speak with a landlord-tenant attorney before taking any action. Be very careful: There is quite a bit of confusion and some misinformation being circulated here.

The CARES Act, which is Federal law, specifically states (SEC. 4024.):

I'm no attorney, but that would appear to specifically prohibit even the act of filing for eviction, not just the successful achievement of a move-out.

Also, the Law does not pertain solely to HUD-owned properties. We're talking about any property with a Federally backed mortgage loan, including those that have been purchased or securitized by Fannie Mae or Freddie Mac, and also mortgages backed by the Federal Housing Administration (FHA) or Department of Veterans Affairs (VA).

The full text of the CARES Act can be found here: https://www.congress.gov/bill/...

Alyssa Dyer · Answer

@Kelsey P. no chance of working it out with the tenant?

Rhett Tullis · Answer

you can still file for eviction in most counties in Oklahoma.  they are not assigning court dates for the foreseeable future but once they have an opening date they will start contacting you to set dates.  they have not technically had a moratorium on evictions in Oklahoma they have just stopped hearings on all things that are not criminal so it is hitting all kinds of cases.  So feel free to file away but you might be better served to use the money for the filing to try cash for keys if you have a tenant you want out.  It may be quicker.  In Oklahoma county evictions are generally around 50 to 100 a day so imagine the backlog there will be when the courts open back up again.

Joe Splitrock · Answer

It is really best to contact a local eviction attorney for help right now. Even in cities that allow evictions, some courts are choosing to not process them. Really unprecedented in the legal system, but judges have latitude. Also keep in mind that evictions for reasons other than non-payment or evictions that started prior to COVID-19 may be treated differently. Again, best to involve a local attorney.

Is the moratorium on evictions federal or by state?

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