Evictions And Covid-19

As COVID-19, the novel coronavirus, continues its effect on our lives, one important issue creating cause of concern is one’s home especially if you rent. While the economy is slowly opening up, many individuals are having difficulty making regular monthly payments including paying their rent. Now, the good news for tenants is the government has provided some assistance for those renting. Under CARES Act, landlords cannot evict tenants for failure to pay rent through July 24th and must issue a 30-day notice thereafter for eviction for purposes. The moratorium is enforced on properties financed through federal housing programs or otherwise utilizing a federal program such as Fannie Mae, Section 8, and Section 202 to name a few. For those tenants who occupy that does utilize a federal program, do not fret. Many states have created their own moratoriums extending the eviction for failure to pay rent for all residential tenancies regardless of whether the homes in question are utilizing a federal program or not. For instance, Florida has a moratorium in place through July 1, 2020. Now, some localities have expanded the moratorium even further. In Miami-Dade County, for example, no writs of garnishments for any evictions will be enforced and/or exercised so long as the state moratorium remains in effect. Therefore, you should check with your state and local governments to determine what limits are in place for evictions in your area.

Additionally, no late fees, penalties, and/or other charges due to non-payment of rent will be charged during the moratorium. However, it is important to note the moratorium is only regarding the eviction process. The moratorium did not cancel those months’ rent was not paid. Therefore, if you fall behind on rent, you likely do not have to worry about eviction for now but the back rent still must be paid. And, when the moratorium ends, any back rent unpaid can be used as grounds for eviction. So, please be sure to reach out to your landlord to work out a plan for the late rent payments to avoid eviction when the moratorium ends. Many landlords have been shown to be very amenable to working with you and you should consider it to avoid problems in the future.

If you have any doubts, please do not hesitate to contact us