The CDC Eviction Moratorium has been struck down by the Supreme Court but it is crucial to stay informed. Updates are found on www.evict.com
All evictions can be filed as normal, and the special “notice” advising the tenant of the CDC Order protection no longer needs to be provided.
The latest guidance from HUD regarding the CARES ACT states that IF the property is covered under the CARES ACT, the 30 Day Notice of nonpayment of rent must be used rather than the usual 3 Day Notice.
YOUR CURRENT OPEN NONPAYMENT OF RENT EVICTIONS
The final step (removal by the Sheriff), can now occur if an eviction was held up by a CDC Declaration.
IF NO CDC DECLARATION HAD BEEN SUBMITTED BY THE TENANT:
Most nonpayment cases were already moving through in most counties and will continue to do so.
STEPS YOU NEED TO TAKE NOW:
FOR DELINQUENT TENANTS WHERE NO EVICTION HAS BEEN FILED YET –
1. If you want to file an eviction, confirm you did not sign any Assistance forms stating that you would wait for funds and hold off on filing an eviction.
2. Confirm if you are CARES ACT covered or not.
3. Confirm your 3 (or 30) Day Notice is correct.
4. Confirm your 3 (or 30) Day Notice does not have excessive accumulated late fees.
FOR FILED EVICTIONS IN PROGRESS THAT WERE HELD UP BY THE CDC ORDER –
Confirm you have NOT accepted any funds during any open and held up eviction. We are confirming this with you prior to having the Writ of Possession issued.
YOUR NONRENEWAL/NONCOMPLIANCE EVICTIONS:
In most cases, these evictions have been moving through fine and will continue to do so.
YOUR OPTIONS FOR FILED EVICTIONS AND EVICTION AVOIDANCE TECHNIQUES
You still have options with your Tenants.
CASH FOR KEYS – This is often a viable method. Download the form we provide if needed.
AGREEMENT TO VACATE – Many Tenants will indeed sign an Agreement to Vacate form. Please see the video we have on this topic and download the form if needed.
RENTAL ASSISTANCE FUNDS
Money is still being allocated by the government for rental assistance funds to the Tenant and directly to the Landlord. Keep seeking these funds out.
If an eviction is OPEN, contact us FIRST before accepting any assistance or signing any assistance paperwork.
CLICK HERE FOR INFO ON FINDING EMERGENCY RENTAL ASSISTANCE FUNDS
PAYMENT PLANS AND STIPULATIONS
Nothing is stopping you from accepting partial rent or entering into payment plans. If you are dealing with a CURRENT OPEN EVICTION, contact us first before accepting any money so we can get you a STIPULATION.
FEEL FREE TO CALL OR EMAIL US AT ANY TIME. IN DOUBT? CONTACT US at firstname.lastname@example.org or call 1 800 253 8428