eviction mortorium

The #eviction #moratorium has been extended again – this time, through July 31 to try to stop a flood of evictions. According to the U.S. Census, some seven million tenants are currently behind on their rent.

The Biden administration is now saying this is the “final month” it will extend the policy.

If you are behind on your rent what do you do at this point? For most people there are a few options. Bankruptcy may assist you in either staying in your home or at least wipe out the debt owed on the lease.

Tenants are not automatically covered by the CDC moratorium. You have to fill out a declaration and give it to your landlord to be protected by this CDC order. You must sign and provide to your landlord a declaration that you:

FORM LINK: https://www.cdc.gov/coronavirus/2019-ncov/downloads/EvictionDeclare_d508.pdf

➡️ have used your best efforts to obtain governmental rental assistance; expect to earn no more than $99,000 in 2020 (or no more than $198,000 if filing a joint tax return), were not required to report income in 2019 to the IRS, or received an Economic Impact Payment (stimulus check) under the CARES Act;

➡️are unable to pay the full rent or make a full rent payment due to substantial loss of income, loss of work hours, lays-offs, or extraordinary out-of-pocket medical costs;

➡️are using your best efforts to make partial rent payments; and an eviction would result in homelessness or force you to double or triple up with other households.

Tenants are still obligated to pay rent.

Landlords are allowed to tack on late fees to the past due rent. As of August 1, 2021 tenants will owe their landlord any unpaid rent and any fees, penalties, or interest as a result of their failure to pay rent during the period of the CDC order.

The CDC order does not provide emergency rental assistance resources to cover back rent, utilities, or fees.

You can be evicted for reasons other than nonpayment of rent. The CDC order does not prevent an eviction for:

➡️Engaging in criminal activity while on the premises;

➡️Threatening the health or safety of other residents;

➡️Damaging or posing an immediate and significant risk of damage to property;

➡️Violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or

➡️Violating any other contractual obligation of a tenant’s lease, other than the timely payment of rent or similar housing-related payment (including nonpayment or late payment of any fees, penalties, or interest).

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