Neither the Governor’s Executive Order nor the CDC Federal Eviction Moratorium applies to these types of cases.
The Property Manager can continue as usual serving Notices of Noncompliances and Notices of Nonrenewal, and we are able to file these evictions as normal.
The only issue is that a Tenant may claim they are being nonrenewed BECAUSE they have not paid rent, so you need to be prepared for this being brought up as a defense. Private attorneys and legal aid groups may have success using this defense.
2. NONPAYMENT OF RENT CASES
NONPAYMENT NOTICES (3 or 30 Day Notices) can be served and Nonpayment of Rent evictions can be filed, BUT there are important things to know.
A. If you receive a DECLARATION from the Tenant, as provided by the CDC Federal Eviction Moratorium, your hands are tied through December 31. You would be violating Federal Law if you filed the Nonpayment of Rent eviction or continued with a current eviction, and there are severe monetary penalties and even jail time potential.
B. If you do not receive a DECLARATION from the Tenant, you can file evictions for Nonpayment of Rent and can continue evictions for Nonpayment of Rent, BUT, the Governor’s Executive Order states that there will be NO FINAL ACTION (Writ of Possession or Final Judgment) until October 1. This could be extended again.
SO WHAT DOES THIS ALL MEAN?
Proceed as normal, and in many counties, the evictions will go through. BUT if the Tenant serves you a DECLARATION or brings up the defense that they are financially adversely impacted by COVID-19, you can expect to have your hands tied:
A. DECLARATION SERVED ON YOU - You cannot even file the Nonpayment of Rent eviction or must stop the Nonpayment of Rent eviction if already filed. This will stop everything through December 31.
B. DECLARATION NOT SERVED ON YOU - The Tenant may be able to delay the Final Action of the Nonpayment of Rent eviction to at least October 1.
QUICK RECAP
1. If a DECLARATION is served on the Property Manager, everything stops through December 31, 2020 for Nonpayment of Rent cases.
2. Noncompliance and Nonrenewal evictions can be filed and proceed BUT defenses can be raised.
3. If a DECLARATION is not served on the Property Manager, Nonpayment of Rent evictions CAN be filed but NO Writ of Possession until October 1, 2020 if Tenant raises a COVID-19 impact defense.
EACH COUNTY MAY INTERPRET THE ORDERS AS THEY SEE FIT WHICH CAN FURTHER COMPLICATE MATTERS.
Click here to see THE DETAILED Q & A ON THE CDC FEDERAL EVICTION MORATORIUM
Click here to see the CDC FEDERAL EVICTION MORATORIUM
Please click here to see the SAMPLE DECLARATION
Click here to see the GOVERNOR’S EXECUTIVE ORDER OF JULY 2020
Click here to see the GOVERNOR’S EXECUTIVE ORDER OF AUGUST 2020
