If you’ve lost your job or been laid off due to the Coronavirus, you might be worried about getting evicted. However, the Trump eviction moratorium may provide you with relief.
President Trump’s rent relief moratorium is surprisingly aggressive. It’s a sweeping ban on the eviction of tenants who are unable to pay rent during the Coronavirus pandemic. Despite the moratorium, however, it’s still important to know about eviction rights.
The President’s goal is to reduce the spread of COVID-19. The order will stop millions of renters from facing immediate eviction.
The order originates from the CDC, and it protects 43 million United States renters.
The President issued the order one month after tasking the CDC with studying the outbreak. It came in the face of increasing pressure to extend renter protections that would’ve expired in August.
Here is more about what the Trump eviction moratorium means for you.
What is the Eviction Moratorium?
The eviction moratorium is a measure issued by the Centers for Disease Control and Prevention. In part, the moratorium will help to prevent the economic fallout of the Coronavirus.
The CDC issued the order in the absence of an agreement among Congress about the matter. A congressional deal would have far more legal force than the current order.
Instead, the CDC issued the moratorium using the 1944 Public Health Service Act. It gives the agency broad quarantine warranty powers.
The CDC has extended the moratorium through December 31st. It protects individuals who earn less than $99,000 a year and cannot pay their rent.
The moratorium has drawn mixed reactions. Some praise it for preventing millions of evictions.
Others, on the other hand, lament that it’s only delaying the inevitable. This group believes that the moratorium will set up millions of consumers for eviction once it expires.
Now, landlords have no recourse for nonpaying tenants. For this reason, opponents of the moratorium believe that more renters will fall behind in payments.
For now, it’s unclear how landlords will fare due to the moratorium. They must continue to make mortgage payments, even as many tenants can’t pay rent.
Can a Landlord Evict You Immediately?
Even without the moratorium, a landlord cannot perform an eviction without notice. There are still tenants’ rights during an eviction. However, the laws vary depending on where you live.
Most states require that a landlord provide sufficient notice for eviction. Typically, they must give this eviction notice in writing. The property owner must also follow standard procedures.
Once a landlord has filed an eviction notice with the courts, tenants typically have a few options. To begin with, they can choose to move.
Alternatively, the tenant can resolve the issue that caused the landlord to seek eviction. These issues can include late rent, unauthorized pets, or smoking in a non-smoking building. Once a tenant has corrected the problem, they can speak with the landlord to see if they want to continue with eviction proceedings.
If the tenant cannot resolve the issue, the landlord must still follow the proper procedure for eviction. Typically, the landlord will file a suit for unlawful detainer of property. After that, the eviction will move forward.
If the landlord wins, they still cannot remove you from the property immediately. Instead, they must pay a fee at the local Sheriff’s office. The sheriff will then remove you from the property.
Eviction Rights for Tenants
Eventually the moratorium will end. Unfortunately, many people will face eviction at that time with no alternative but to leave the residence.
There are limited tenants’ rights after eviction. In some states, the tenant has until before the sheriff arrives to make right the issue that resulted in the eviction. Otherwise, the tenant will have to leave when the sheriff comes to remove them from the property.
The landlord must serve tenants with a notice to proceed with an eviction. The court will establish a date and time for the hearing.
You must show up for the hearing. In most cases, the presiding judge will rule in favor of the eviction if you do not appear as scheduled.
If you lose your hearing, the landlord will forward the hearing results to the Sheriff’s office. The Sheriff’s office will then provide you with a notice.
Typically, the notice will state that an officer will return in a few days to escort you from the property. At this stage, your only option is to leave as requested if you cannot make right the reason for your eviction.
Some Evictions Will Move Forward
The moratorium does not stop all evictions. The court will continue to hear eviction proceedings for reasons besides nonpayment.
These proceedings can include evictions regarding expired leases or lease violations. This aspect of the moratorium enables landlords to continue to process evictions for tenants with expired leases.
The moratorium also does not protect people who have violated their leases multiple times and have failed to resolve the matter. In this instance, landlord eviction rights prevail. For example, a tenant might have been taking part in illegal activities.
Alternatively, they may have severely damaged the property and made no effort to make repairs. In this case, eviction proceedings can move forward, despite the moratorium.
Using the Moratorium as Intended
The eviction moratorium provides protections during COVID-19. Tenants will always have eviction rights. However, the moratorium is temporary.
The important thing to remember is to use the moratorium to correct your problem with lapsed payments. If you fall behind in rent during the moratorium, it’s vital to meet with your landlord once you’ve found another source of income. There, you can present a realistic payment plan to the landlord.
It can help if you communicate with your landlord. For example, it’s a good idea to write a hardship letter to the landlord explaining why you fell behind in the rent. For example, if your job laid you off, you’d explain that in the letter.
When you meet with the landlord, provide them with the hardship letter. Hopefully, you can reach an agreement.
Catching Up on Your Rent
If you do reach an agreement, write down the exact terms of the deal. Moving forward, make every effort to comply with the agreement and catch up on your rent. If you cannot maintain the terms of the agreement, the landlord will have every right to pursue eviction once the Trump eviction moratorium ends.
It also helps to get professional advice.
Genuine Property Management oversees 400 rental properties across California. We’re here for you in your time of need. Please feel free to visit our library to stay informed about eviction rights and the latest rental news.