The corona virus pandemic has caused a nationwide economic downturn, and one of the most vulnerable groups is tenants. In recognition of this, many city and state officials have taken temporary measures to remedy the situation, but legal protection such as eviction moratoriums is gradually phasing out.
The Coronavirus Aid, Aid and Economic Security Act (CARES) provides for a temporary interruption of eviction for most residents of government-subsidized housing. However, this federal protection should end on July 25. Many tenants have to hope for help at the state or local level, be it in the form of extensions to the eviction moratorium or other rent relief programs. We have answered a few questions that may arise in the meantime.
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What is a moratorium on eviction?
An eviction moratorium is a regulation that temporarily prohibits the eviction of tenants from residential and / or commercial areas (depending on how the regulation was written) who have suffered a loss of income or medical expenses related to the COVID-19 pandemic. Some states have given moratoriums to evacuate the entire state, while others only offer city / county protection to tenants.
What is the end date of the moratorium?
You should look for official clearance moratorium notices on your local and state government websites. For example, the Massachusetts moratorium ends on August 18 (unless extended), but the city of Boston has extended the moratorium on residents living in affordable housing until the end of the year. Some states have extended their nationwide moratorium. Pennsylvania Governor Tom Wolf recently extended the moratorium until August 31. A lawyer from the local landlord can help you understand the data applicable to your property.
Are there exceptions to an eviction moratorium?
Most eviction moratoriums temporarily prohibit all nonessential evictions with a few exceptions. Exceptions to the moratorium are evictions due to criminal activities and those required for health and safety reasons. The moratorium temporarily prevents evictions from taking place for no reason.
What other state relief is there for tenants?
Some states, such as Michigan, Pennsylvania, and Vermont, have put in place programs that use state aid under the CARES Act to pay landlords a lease for a lease. It is recommended that you look for government rent relief on your state or county website. If none of these procedures are available to you, you can ask your landlord for a rental payment plan by writing a letter of hardship describing your financial situation.
What state relief are there for landlords with delinquent rent?
Similar to tenant support, landlords can be entitled to support if the rental unit they own has a delinquent rent. Check your state or county website or speak to a lawyer to find out what options you have.
When it comes to late rental, you can send a late rental notification to document missed payments. When the moratorium in your region has ended, you can send a clearance notice from June 25th. Please note that for apartments that fall under the federal moratorium, you have to wait 30 days before submitting a complaint to the court.
If you have any questions about late rental payments or the entire evacuation process, it is recommended that you speak to a lawyer.
This article contains general legal information and no legal advice. Rocket Lawyer is not a law firm or a substitute for a lawyer or a law firm. The law is complex and changes frequently. For legal advice, please contact a lawyer.