CDC Eviction Moratorium - USE THIS FORM

[Nathan Gesner]

I'm still seeing a lot of Landlords that don't realize the eviction moratorium includes Tenant requirements. If you have a tenant that is not paying due to the Eviction Moratorium, use this form to document the situation. If they are unwilling to complete the form, that can be used as evidence against them later on. The form includes resources for additional information or assistance.

https://www.cdc.gov/coronaviru...

[Joyce Williams]

I mentioned my tenant several times in this forum. She was a holdover in October 2020 and refused to leave because she took advantage of the pandemic. Her husband left with their infant child when their lease was up but she stayed because she knew she could. My attorney sent her a pay or quit in February 2021 and once she got it she texted me telling me to take her to court. In June 2021, I kept hearing the eviction moratorium was being extended, I even contacted my attorney and he said there was nothing I can do until August. I called the local court in my area and asked if I could start the eviction paperwork now so when the moratorium is over I would not have to wait long and the clerk told me that the judge was currently hearing evictions. I got on the phone with my Attorney right away and he called the court and got a date for July 6. He went to court and my tenant informed the judge that she was disabled (new information to me, she wasn’t disabled when she moved in the year prior with her husband) and had no place to go but the judge told her to be out by August 27. I received the warrant yesterday and took it to the sheriff and hopefully she’ll be out end of August. Bottom line is call the court directly, had I not I would have still been waiting. This tenant owes me $15,375. She has paid absolutely nothing and her favorite words are “take me to court.” I’m glad I did. She didn’t even fill out the hardship form which was sent to her by my attorney when he sent her the paperwork to attend court. If she would have filled out the hardship paperwork the judge probably wouldn’t have heard the case. 

[Stephanie Mccolaugh]

Has anyone spoken with a real estate attorney on potential parallels between the third amendment and the eviction moratorium?

“No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.”

Clearly these aren’t soldiers, but the purpose of the amendment is to prohibit government intrusion on private property. 

I know a class action suit was recently filed in NY, but I was curious if they attempted to use this as a precedent. 

[Cullum Stirling]

In regards to assistance for both landlords and tenants, I found this Government resources link recently that's suppose to help both parties. 

https://www.consumerfinance.go...

Does anyone have first hand experience with attempting to get assistance through any of these programs?

[Matthew Paul]

I read the "Bill of Rights "   . I didnt see the word "shelter " anywhere . Please show me where I am wrong .

PS . Walmart sells tents .   A tent is a shelter 

[Matthew Paul]

Finally the Supreme Court has struck down the eviction ban .  Time to start filing evictions

[Matthew Paul]

@Account Closed You are a wacko liberal .  You have a right to pay for any shelter you want . You DONT have a right to live in a property someone else WORKED for for free . 

I do have a REAL job . How the hell do you think you come up with the money to buy a investment property . 

Nothing in life is free , you have to earn it 

[Nancy Roth]

@Mary M. Unfortunately the states that received rent assistance funding from the Fed’l government have not been competent in getting those grants out. The Treasury Dept just announced that 89% of the funding allocated to states for rent payments has yet to be released by the states.

I have a tenant who lost her job at the start of the pandemic. She has tried to pay as she could from unemployment. But she has fallen behind by a couple thousand dollars, which she pays down periodically, but it jumps up again, of course, with each new month.

Maryland has an extremely complex tenant grant program that requires both tenant and landlord to apply online. It’s all done online, and her access to Internet is limited. I was able, taking a lot of time, to complete my part, but it proved too hard for her.

So I for one was not surprised at all by the Treasury Dept announcement.

[Mary M.]

@Nancy Roth what Treasury Department announcement? 

For those reading along: Check your state program as in Oregon if your tenant or you, as a housing provider, applied for federal funding you can not evict as long as the application is pending

Once I read those words, I understood why its taking so long to get the money out - they are protecting the tenants...  no eviction ban is needed as tenants are protected as long as you or your tenant asked for rent from the govt. 

In Oregon this means my tenant haas 90 more days of living for free. And, Oregon changed how evictions work and there are now "wait days" of between 60-90  days to evict. 

[Nancy Roth]

@Mary M.

Google "89%"-- it was all over the news last week in anticipation of the Supreme Court's decision. NY Times, etc.