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State Eviction Protection: the latest information on coronavirus-related tenant protections by state (and county and major cities)

State Eviction Protection: the latest information on coronavirus-related tenant protections by state (and county and major cities)

  • Posted: Feb 01, 2021
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State Eviction Protection

The chart below attempts to capture the latest information on coronavirus-related tenant protections by state (and county and major cities, if applicable). Please note that this information is changing hourly, and the chart might not reflect all current protections. For the best information about the status of evictions where you live, check your state’s judicial system or governor’s website. You can also contact a legal aid organization in your area.

In the chart, click on the state’s name to be directed to its official COVID-19 website.

State County or City Hold On Evictions Hold on Utility Shutoffs Other Tenant Protections/Notes
Alabama No No -Visit ALtogether to find resources for assistance in Alabama.

-Alabama’s Coronavirus Relief Fund.

-Public Service Commission states that it is confident no customers will experience interruption during crisis, and that after crisis period utilities will help with past-due accounts. However, the decision is left to individual utility providers.

Alaska No No -See the Regulatory Commission of Alaska’s COVID-19 utility information page.
-Information about housing relief and help for Alaskans.-Information for renters about 2021 rent relief programs.

Alaska Info re: CDC Eviction Ban (9/4/2020)

Arizona No No -Arizona Corporation Commission’s ban on utility disconnects has ended, but many providers are extending the hold on disconnects and are offering assistance to customers. Check with your provider.

Resources for individuals in Arizona.

-Arizona utility assistance programs.

Arizona Department of Housing Eviction Prevention program.

Arizona Info re: CDC Eviction Ban (9/4/2020)

Arkansas No Yes -Arkansas Public Service Commission ordered a shutoff moratorium during state of emergency.

Arkansas Public Service Commission COVID-19 Resources

Courts are still open and conducting hearings (not in person) when possible. Check with courts re: status.

Arkansas Fresh Start rental assistance program.

California (local ban information) Yes: through 6/30/2021 Yes: until 4/16/2021 Governor has announced that the eviction moratorium will be extended through June 30, 2021.

-On 3/4/20 Governor Gavin Newsom declared a California-wide state of emergency (N-44-20) that (among other price controls) automatically caps rent increases. Via two separate orders, Newsom also allowed cities and counties to enact their own tenant protections (3/16/20 Executive Order N-28-20) and to extend those protections through 9/30/20 if they choose to do so. (6/30/20 Executive Order N-71-20).

On August 31, 2020 Gov. Newsom signed AB 3088, which bans evictions of tenants who can’t pay rent due to COVID hardships until February 1, 2021. If the COVID hardship occurs between September 1, 2020 and January 31, 2021, tenants must pay at least 25% of rent due to avoid eviction. California has an information sheet outlining the eviction ban and tenant protections, and you can also read the text of the law for more information.

-Also see California Eviction Moratorium (Bans) and Tenant Protections for the status of bans in various California cities and counties.

-Utility shutoff moratorium for nonpayment until at least April 16, 2021 for most utilities. See the CPUC’s website on consumer protections during the COVID-19 outbreak for details.

California Info re: CDC Eviction Ban (9/2/2020)

Colorado No No -Under governor’s order, landlords cannot charge late rent fees through January 31, 2021. The order also makes clear that the federal eviction ban applies in Colorado.

-See Colorado statewide utility tracker for information about whether your utility provider has put a moratorium on shutoffs during the crisis. You can also get current information about utility assistance programs on the PUC’s website.

-Check your court’s website to see status.

-Colorado’s Emergency Housing Assistance Program (EHAP).

Connecticut Yes: until 2/9/2021 No (but see notes) -By order of governor, no evictions until February 9, 2021. (Also see Order No. 9T for details about eviction moratorium.)

Moratorium on utility shutoff for customers with financial hardship is extended through October 31, 2020. Beginning November 1 through May 1, the statutory Winter Protection Plan protects against service termination for financial hardship.

-Connecticut Temporary Rental Housing Assistance Program (TRHAP)

Connecticut Info re: CDC Eviction Ban (9/14/2020)

Delaware Yes: until 2/9/2021 No Delaware Housing Assistance Program

-By order of governor, landlords can file eviction lawsuits, but courts must stay any proceedings. Law enforcement cannot physically remove tenants. Landlords cannot charge late fees. Utilities must work with customers who are struggling due to pandemic. Lasts until end of public health emergency (currently set to expire 2/9/2021).

Delaware Info re: CDC Eviction Ban (9/11/2020)

District of Columbia Yes: until after emergency Yes No evictions during state of emergencyLawmakers have suspended the filing of eviction complaints until 60 days after the end of the state of emergency. Mayor’s order extends the state of emergency (and with it the eviction ban) through March 31, 2021. Also, landlords cannot send tenants notices to vacate during the ban.

-Utility shutoff moratorium extended until 3/31/2021.

-D.C.’s COVID-19 Housing Assistance Program (CHAP)

Florida No No -Eviction ban expired October 1, 2020.

-Most major utilities providers have said they will not shut off services. Check with your local provider.

Georgia No No State of Georgia has a COVID-19 hotline: (844) 442-2681.

-Courts have discretion as to whether eviction hearings can proceed; check individual Georgia courts’ status here.

-Check the State of Georgia Public Service Commission’s website for a list of GA services that have suspended disconnections due to COVID.

Hawaii Yes: until 2/14/2021 Yes: until 12/31/2020 -By order of governor, evictions for nonpayment of rent suspended until February 14, 2021.

-Hawaii PUC ordered suspension of utility shutoffs through December 31, 2020.

Idaho No No -By order of Idaho Supreme Court, no jury trials in criminal cases before 8/3/2020, and no jury trials in civil cases until 10/5/2020. Remote hearings on all matters may resume on May 1, 2020.

-For financial and other assistance, the Idaho Public Utilities Commission has a county-specific resource guide.

Illinois Yes: until 2/6/2021 Yes: for most until 3/31/2021, but see notes -By governor’s order, no evictions (unless the tenant poses a direct threat to people or property) through 2/6/2021. Income and other restrictions apply, and tenants must fill out a declaration affirming their eligibility for protection under the ban. For more information, see the Illinois Housing Development Authority’s Executive Order 2020-72 FAQs.

Illinois Commerce Commission (ICC) announced that the state’s major utility providers have agreed to extend the ban on utility shutoffs through March 31, 2021. There is no ban on charging late fees, though.

Indiana No No Indiana COVID-19 Rental Assistance Program.

Indiana resource guide.

Indiana Info re: CDC Eviction Ban (9/9/2020)

Iowa No No Iowa Info re: CDC Eviction Ban (9/10/2020)
Kansas Yes: until 1/26/2021 No -By order of governor, no evictions allowed if the tenant has defaulted or violated the lease due to a financial hardship caused by the pandemic. The ban was extended through January 26, 2021.

Utilities are required to offer payment plans.

Kentucky No No -By order of the governor, the ban on residential evictions is over as of August 25, 2020. On September 4, 2020 the governor rescinded paragraphs 1-4 of that order and replaced them with a new order in line with the CDC’s eviction ban.

Kentucky Public Service Commission ended mandatory ban on shutoffs as of October 20, 2020. Late payment fees are not allowed through December 31, 2020. However, there are other protections in place, and many utilities have voluntarily agreed to not shutoff for nonpayment. Please contact your utility provider for options.

Kentucky Info re: CDC Eviction Ban (9/4/2020)

Louisiana No No -Check your local court’s website to see status of hearings and trials.

-For information on utilities, visit the Louisiana Public Service Commission’s website.

-Louisiana Law Help is regularly updating its website with COVID-19 information for Louisiana residents.

Maine No No -By order of governor, evictions will occur under expanded time frames (meaning landlords must give tenants a longer notice period to move out/pay rent before they can be evicted). The Maine Supreme Judicial Court allows eviction filings and starting August 3, 2020 has lifted the restriction on scheduling and hearing eviction matters.

Maine Public Utilities Commission ordered that the emergency ban on utility shutoffs will end as of November 1, 2020. However, as of that date, the winter restrictions on disconnections will be in place. Contact your provider for assistance.

-MaineHousing has created a $5 million COVID-19 Rent Relief Program.

Maryland Yes: until end of state of emergency No -By governor’s order, no evictions statewide during emergency.

-The Maryland Court of Appeals put a hold on all eviction proceedings that ended July 25, 2020. The court has issued a communication about procedures for and timing of eviction cases. See court’s August 11, 2020 Administrative Order for more information.

-Utility shutoff moratorium ended 11/15/2020. Maryland PSC is providing energy assistance programs.

Maryland Info re: CDC Eviction Ban (9/4/2020)

Massachusetts No No Legislative ban on evictions during COVID emergency; expired on October 17, 2020.

Massachusetts state resources for renters.

-For utility information, see the DPU list of utility assistance resources.

Massachusetts Info re: CDC Eviction Ban

Michigan No No -Michigan is offering an Eviction Diversion Program for renters who need assistance.

-Many Michigan utility providers are agreeing to suspend shutoffs. Check the MPSC website for your carrier’s current policies.

Michigan Info re: CDC Eviction Ban (9/3/2020) and FAQs.

Minnesota Yes: until 2/12/2021 Maybe (see notes) -Governor signed executive order to suspend certain evictions (see order for details) during state of emergency. The order was extended through February 12, 2021.

Minnesota Public Utilities Commission required state regulated utilities to extend consumer protections throughout the COVID emergency.

Mississippi No No Governor announced that evictions can resume on June 1, 2020.

Supreme Court of Mississippi issued order stating that certain counties may resume sending jury summonses on or after May 18, 2020; gives judges discretion on many cases.

-Mississippi has established a COVID-19 information website.

-Check the Mississippi Judiciary’s website for information about evictions, trials, and court access.

Missouri No No Missouri’s governor’s COVID-19 announcements.

Supreme Court of Missouri has directed courts to exercise discretion regarding cases (effective May 16, 2020) and appearances subject to certain Operational Directives. Whether or not your case will be held is left to discretion of judge.

-Check Missouri Public Service Commission’s website for information about utility shutoffs.

Montana Limited (see notes) until end of emergency No -By order of governor, no terminations, evictions, or utility shutoffs for those who meet the criteria listed in the order. All others may be evicted/have utilities disconnected. In effect until end of emergency (which lasts as long as the Presidential declaration of emergency).

-Renters can seek relief from the Montana Coronavirus Relief program.

-Visit the Montana Public Service Commission’s website to locate your utility service provider’s website and find out about status.

Montana Info re: CDC Eviction Ban (9/4/2020)

Nebraska No No -Visit Nebraska Public Service Commission’s website to see list of utility providers who have agreed to not shut off service.

-Nebraska Public Service Commission is allowing utility carriers to seek reimbursement for providing service to low-income families.

Nevada Yes: through 3/31/2021 No Governor ordered a moratorium on evictions through March 31, 2021.

-NV Energy suspended disconnections for nonpayment until September; check the State of Nevada Public Utilities Commission’s website.

New Hampshire No No -By order of the governor, evictions can resume on July 1, 2020.

-State has created the New Hampshire Housing Relief Program.

-By governor’s order, prohibition on disconnection of electric, gas, water, and telephone service will end on July 15, 2020.

New Hampshire Info re: CDC Eviction Ban (9/4/2020)

New Jersey Yes: until end of emergency +2 months Yes: through 3/15/2021 (but see notes) -Governor’s order prohibits removal of tenants from residential properties, and postpones enforcement of all judgments for possessions, warrants of removal, and writs of possession.

-By order of governor no utility shutoffs through March 15, 2021. No cable or telecommunications shutoffs for nonpayment through November 15, 2020, and no cable or telecommunications shutoffs at all if there is a school-age child using service for educational purposes. See the order for further details and information about late fees.

New Mexico Yes No -See New Mexico’s website on the utilities’ response to COVID-19.

New Mexico residents who have received an eviction notice should call the state’s COVID-19 general hotline at 1-833-551-0518.

NM courts have placed a temporary moratorium on eviction. You must provide the court with evidence of current inability to pay rent at your hearing on the eviction petition. Eviction hearings will be held by video or phone, unless parties file a motion for in-person hearing. The NM Supreme Court has a FAQ page for more information. Moratorium in place until end of emergency (extended by governor until 2/5/2021 or until rescinded by governor).

-Many utilities have suspended shutoffs. Check with your provider for information.

New York Yes: until 5/1/2021 Yes -The state legislature’s COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 prohibits evictions until at least May 1, 2021 and puts various tenant protections in place.

-The New York Unified Court System issued memo on November 17, 2020 about procedures.

-No utility shutoffs due to nonpayment during the state of emergency +180 days.

North Carolina Yes: until 1/31/2021 No -The governor’s executive order 171 outlines the details of the eviction ban. The governor’s executive order 184 extends the ban through January 31, 2021 and provides further details.

-Also see the state’s FAQ regarding the eviction ban.

-Utilities may begin collecting and enforcing unpaid accounts on September 1, 2020. Check with your provider for more info.

North Dakota No No -A North Dakota COVID-19 Community and Nonprofit Response Fund was established.

North Dakota Public Service Commission information on financial assistance with phone or internet service.

Ohio No No Ohio Supreme Court has advised all lower courts to continue eviction-related matters. Not a requirement, so check with local court.

Ohio resources for economic support.

Ohio Info re: CDC Eviction Ban (9/4/2020)

Oklahoma No No -Evictions may proceed, but, by order of the Supreme Court of Oklahoma, anyone filing an eviction must certify that the property is not covered under the federal CARES Act.

Oklahoma’s COVID-19 resources and assistance website.

-Oklahoma COVID-19 call center: 877-215-8336

Oregon Yes: until 6/30/2021 No (see notes) -Oregon legislators have passed a bill extending eviction ban until June 30, 2021. Oregon Law Center’s handout provides details about the ban.

Oregon PUC list of utility providers who are suspending disconnects.

Multnomah County eviction ban in place until July 2, 2021.

Pennsylvania No No -Pennsylvania’s eviction ban expired on August 31, 2020.

Pennsylvania CARES Rent Relief Program.

Pennsylvania Public Utility Commission ordered ban on shutoffs until November 9, 2020. After that, utilities must take certain steps before shutting off. See October 8, 2020 order for details.

-Each court handles CDC Eviction Ban procedures individually. Notices are posted here.

Rhode Island No No (but see notes) -By order of supreme court, evictions can resume after June 1, 2020.

Rhode Island Public Utilities Commission ordered halt on termination of service for nonpayment through November 1, 2020 for residential accounts. After that, the winter moratorium will be in place until April 15, 2021.

Rhode Island Info re: CDC Eviction Ban (9/3/2020)

South Carolina No No -Any party pursuing an eviction must submit to court a signed, original Certification of Compliance with the Coronavirus Aid, Relief, and Economic Security Act.
South Dakota No No -Check South Dakota Unified Judicial System for status of cases.

-Check South Dakota PUC website for resources related to utilities.

Tennessee No No -Tennessee Supreme Court ordered that evictions may resume June 1, 2020.

-By order of Tennessee Public Utility Commission, the PUC had utility shutoff ban in place through August 10, 2020.

Texas No No -Unless there is a local order protecting tenants from evictions, courts can issue eviction citations, and eviction hearings can start as of May 19, 2020.

-For Texas-specific information and resources, see TexasLawHelp.org‘s website on Property Law Issues During COVID-19 and its publication, Evictions During the COVID-19 Pandemic.

-TXU Energy is offering customer support resources.

Texas Info re: CDC Eviction Ban (9/17/2020)

Utah No No The Utah Apartment Association has helpful information and resources for renters and landlords on its website.

Utah Info re: CDC Eviction Ban

Vermont Yes: until end of emergency plus 30 days Yes: until 3/31/21 Evictions are banned until the end of the state’s declared emergency (currently in place until February 15, 2021) plus 30 days.

-The ban on utility shutoffs (electricity, telephone landlines, and natural gas) is in place until March 31, 2021.

Virginia No Yes: until at least 60 days after end of state of emergency Virginia Rent and Mortgage Relief Program.
Washington Yes: until 3/31/2021 Yes: until 4/30/2021 -By order of the governor, the state’s residential eviction moratorium is extended until March 31, 2021.

-Utility shutoff moratorium extended until April 30, 2021.

West Virginia No No -By order of supreme court of appeals, judicial state of emergency expires May 15, 2020. See courts for information on status.
Wisconsin No Yes: until 4/15/2021 -State launched the Wisconsin Rental Assistance Program for people who have lost income.

-By order of PSC of Wisconsin, no utility shutoffs for residential customers until April 15, 2021 (PSC REF#: 399114).

-PSC of Wisconsin launched a customer service phone line for internet and phone service.

Wyoming No No -Wyoming Supreme Court ordered suspension of all in-person proceedings (with certain exceptions). Check court for status.

-Check Wyoming’s COVID-19 website for more information.

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President Biden Extended the Eviction Ban Through March 2021. Here’s How You Can Get Protection

President Biden Extended the Eviction Ban Through March 2021. Here’s How You Can Get Protection

  • Posted: Jan 25, 2021
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President Biden Extended the Eviction Ban Through March 2021. Here’s How You Can Get Protection

This time it gives me hope, It reads LL’s will get paid in hand not the Tenants hand!

To mitigate the harm of the COVID-19 pandemic, President Joe Biden signed 17 executive orders hours after being inaugurated — one of which is intended to protect renters.

President Biden directed the Centers for Disease Control and Prevention (CDC) to extend the nationwide ban on evictions through March 2021. The executive order also extends the foreclosure moratorium on government-backed mortgages, including those backed by the USDA, VA, and HUD. It also allows homeowners to apply for mortgage forbearance if they need it.

Enacted in September, the federal eviction moratorium, along with those offered by state and local governments, have offered relief to millions of Americans struggling to pay rent amid record unemployment.

Housing advocates have greeted the announcement with cautious optimism. “It’s important to remember the original reason for the moratorium was the public health imperative of stopping the spread of COVID-19,” says Bob Palmer, policy director at Housing Action Illinois. “It just isn’t safe to be evicting people when they have no place to go.”

read the full article in the link below

President Biden Extended the Eviction Ban Through March 2021. Here’s How You Can Get Protection

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St. Paul City Council unanimously passed five new renter protections…..They do not realize Property Owners are being hurt by these!

St. Paul City Council unanimously passed five new renter protections…..They do not realize Property Owners are being hurt by these!

  • Posted: Jul 22, 2020
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The St. Paul City Council unanimously passed five new renter protections Wednesday, including capping security deposits, limiting background checks and prohibiting landlords from terminating leases without just cause, a first in the state.

Council Member Mitra Jalali connected the renter protections to the national reckoning taking place around racial inequality following the police killing of George Floyd in Minneapolis just over a month ago.

“Just as our Black neighbors experience violence in policing, they also experience the violence of displacement, of eviction, of housing discrimination,” said Council Member Mitra Jalali. “This housing agenda will insure stability for all St. Paul renters, especially the thousands of Black, brown, Asian, Latino, Indigenous and other working families of color.”

Just over half of St. Paul residents are renters, and many are struggling amid an affordable housing shortage — more than 500,000 Minnesota families pay more than one-third of their income in rent.

While much of the conversation around affordable housing centers on building more of it, housing advocates say renter protections are critical to ensuring housing stability and the benefits it confers.

Rent in St. Paul has increased more than 15% adjusted for inflation since 2000 while wages have stayed the same, according to a study by the Minnesota Housing Partnership. People of color are much more likely to be renters: 83% of Black households in St. Paul rent in compared to 41% of white households, according to the resolution.

Landlords big and small objected to the new laws  — called Stable, Accessible, Fair and Equitable (S.A.F.E.) Housing St. Paul — saying they would drive up their costs, which in turn would lead to higher rents.

St. Paul-based Real Estate Equities, which owns apartment buildings across the Midwest, sent a letter to the council voicing their concern over the just cause ordinance, saying it would “enable and protect individuals who engage in disruptive behaviors” and “fundamentally impair property managers from creating and maintaining a safe, peaceful, and well-maintained housing environment.”

The law does not prevent landlords from evicting tenants who break the terms of their leases.

The law, which takes effect on March 21, 2021, will deliver five protections: cap security deposits at one month’s rent; limit tenant screening criteria; forbid landlords from terminating leases without just cause; require landlords of affordable housing to give advance notice of sale; and require landlords to distribute a packet outlining tenants’ rights and responsibilities.

The laws largely block landlords from rejecting renters based on past criminal convictions, prior evictions or poor credit reports.

Landlords may reject renters who are registered sex offenders or who have been convicted of manufacturing or distributing drugs. Landlords may also reject tenants who have been convicted of misdemeanors within the past three years or felonies within the past 10 years, unless they are related to certain traffic offenses like driving without a license.

Renters may not be rejected because they have poor credit scores, although landlords may reject them if their credit reports show they failed to pay rent or utilities.

Landlords may not consider renters’ evictions older than three years and may not reject renters for not passing a certain income threshold, if they can show they successfully paid similar rent in the past.

The provision requiring just cause for eviction was one of the most contentious. Housing advocates say landlords retaliate against renters for things like asking for repairs or having parties by simply choosing not to renew their leases when they expire.

Under the new ordinance, landlords must renew a renter’s lease unless the renter hasn’t paid rent, is frequently late paying rent or broke significant terms of the lease. Landlords may also not renew a lease if they plan to renovate the unit or rent it out to a family member.

No other city currently has such a provision, including Minneapolis, which passed a suite of similar tenant protections that took effect in June.

The council also approved a measure mandating landlords of affordable housing — with rents affordable for people making 80% of the area-median income — notify the city and their renters of their intent to sell the property 90 days in advance. The law also stops new owners from raising the rent for 90 days after a property changes hands and requires landlords to pay for renters to relocate if they choose not to renew their leases during that time period.

We at NationalEvictions are for the Landlords!  Its not a Black White thing! Its about Tenants signing an agreement with many of us to Pay Rent each month……AND THEY ARE NOT!

Yet many of them got their covid checks and they refused to give all or part toward the rents they owe!

Many Landlords are owed 2 to 4 months of back rents and you are telling us…..WE CAN NOT EVICT THEM?  NOW EVEN IN THE FUTURE WE CAN NOT DENY THEM BECAUSE OF THERE NOT PAYING AND SOME NOW HAVE EVICTIONS ON THEIR RECORDS?

ST.PAUL AND MANY OTHER AREAS A WAR HAS BEGUN AND ITS ABOUT OUR RIGHTS! FOR MANY OF THE MOM AND POP LANDLORDS IN OUR COUNTRY………RENTS WILL NOT MATTER, THEY WONT TAKE ANY TENANTS THAT DONT OR CANT MAKE PAYMENTS TO THEM. MONTH TO MONTH LEASES NO LONG TERM OR YEARLY LEASES.

How should Landlords as rental housing providers respond to and handle the situation of Rent relating to COVID-19

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Concerned Landlords who have been notified by their renters that rent will not be paid due to the coronavirus. They are asking what should we do?

Concerned Landlords who have been notified by their renters that rent will not be paid due to the coronavirus. They are asking what should we do?

  • Posted: Mar 26, 2020
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Landlords who have been notified by their renters that rent will not be paid due to the coronavirus. What should they do?

They are asking us, how should we as rental housing providers respond to and handle these situations?

On March 16, 2020, The White House signed an Executive Order allowing local jurisdictions to enact eviction protections for renters that experience substantial financial hardships as a result of a tenant’s medical expenses, childcare, loss of wages, layoffs or reduction of hours relating to COVID-19 (Coronavirus). Following the order, cities have issued executive orders or have passed ordinances barring certain residential evictions.

 

So, what should you do if a renter tells you that he or she do not want to pay their rent?

Here are a few ways to approach this delicate and challenging issue:

 

1. Communicate With Renters:

First, communicate with your renter. Empathize with them and let he or she know how you feel about these unprecedented circumstances. Explain that all of us are in the same situation and because you want to ensure you can continue to provide them with a safe, well-maintained home, that would be impossible without receiving the rent you depend on to maintain the building and to support your own family.

2. Offer Deferment Of Rent:   read more below onour five-point plan for dealing with late or missing rent.

Next, when necessary, consider offering a full or partial deferment of rent. But let your renter know any reduced or deferred rent is not forgiven rent, and that they will have to repay you.

3. Ask them to Provide Written Documentation:

Any renter that asks you to reduce or defer rent must provide you with written documentation that they have suffered adverse financial consequences due to the COVID-19 virus resulting in a “substantial” reduction or loss of income for any of the following reasons:

Sickness with COVID-19 or caring for a household or family member who is sick with COVID-19.

Lay-off, loss of hours, or other income reduction resulting from business closure or other economic or employer impacts of COVID-19.

Compliance with a recommendation from a government health authority to stay home, self-quarantine, or avoid congregating with others during the state of emergency.
Extraordinary out-of-pocket medical expenses.

Childcare needs arising from school closures related to COVID-19.

 

If you have been impacted by one of the situations above, your renter must provide you with written notice of his or her inability to pay the rent as soon as the circumstances set forth above arise. In addition, in order to temporarily avoid eviction proceedings, your renter is obligated provide specific, verifiable supporting financial, employment and/or medical documentation of loss of income and reflecting that his or her loss of income is directly attributable to COVID-19.  After the expiration of the local emergency, the tenant must repay within the period of time set by local ordinance or government order. Be sure any rent reduction or agreement made with your renter is documented in writing through a lease amendment.

 

Remember, the law does not eliminate your renter’s obligation to pay the unpaid rent. After the expiration of the local emergency, your renter is obligated to repay any deferred or forgiven rent, and you as an owner may seek payment of the unpaid rent. if they dont? You may need our services for an eviction or an legal agreement?

 

Of course, if you’re not a landlord, you’re probably wondering, “What’s the big deal? Just do the nice thing and don’t make anyone pay rent.” But as Property Owners, Managers and Landlords we know that’s not necessarily possible, right?

 

I mean—unless the government changes something,  we aren’t just going to be able to stop paying our mortgage payments, our taxes, the insurance, and everything it takes to keep our properties running. And despite what the general population thinks, most landlords are not rich, greedy, multinational corporations with billions sitting in the bank.

Most landlords are people just like you and me—people who, whether by accident or on purpose, ended up with a few rental properties and are trying to manage them while also working a job or running a business.

Most won’t be able to pay the bills on their properties long-term without receiving rent from our tenants.

How can we look at this situation and make decisions that are best for all. Well, I can’t answer for you necessarily, as we all have unique situations. But I can at least share with you my exact strategy that we have come up with.

 

Here’s our five-point plan for dealing with late or missing rent.

 

Step 1: Have a Plan:

Ok, this is kind of a summary point, but it needs to be made. Whether in the Wild West or dealing with a tenant, shooting from the hip is generally a pretty terrible plan. Making decisions on the fly usually results in bad decisions being made, so step one is commit to having a plan written down for how you will deal with this issue.  Because for most property owners, this is not a question of IF but WHEN. Maybe this can become a plan that you follow, but even if you do something entirely different from what I’m about to say… just be sure you are prepared. This way, you won’t be shooting from the hip when that dreaded phone call comes in from the tenant who just lost their job.

Step 2: Empathize:

Now, the remainder of the steps here are more concrete, but I want to make sure we address this. Tenants are people, and they are going through a remarkably scary time, as well. Perhaps it’s even worse than you’re going through, because you’re probably more financially educated than many of your tenants.

So before anything else, listen to your tenant. Talk with them. Empathize with them. We’re all in this together, so let’s remember to be human and keep people before profit in our discussions.

Now that said, we still need rent. We can’t survive financially without it. So, that brings me to step three.

Step 3: Explain That Rent Is Still Due:

For as long as there have been tenants and landlords and bills to be paid, there is a super interesting piece of human behavior at play: People will pay the bills that give them the greatest consequence of not paying. In other words, most people financially struggling can pay most of their bills—but not always all of them.

This is why late fees are so vital in normal landlording. When the choice between paying rent and buying a flat-screen TV are presented to a tenant, the late fee and threat of eviction tips the scale toward using that money to pay rent.

But we’re not really dealing with flat-screen TVs today, are we? Regardless, the principle still applies. It’s likely your tenant is going to have to make some serious decisions on which bills are being paid. This is why after talking with the tenant and sympathizing with them, I believe it’s still important to let them know that the rent is still due.

As I’m sure you’ve heard, evictions are being suspended in most areas of the U.S. right now. The ability to issue a late fee might also be banned soon. Your tenant very well might assume that this means the need to pay rent is being suspended, and it’s your job to inform them otherwise.

Even if you can’t evict right now, it doesn’t mean they still don’t owe the rent, and it doesn’t mean you won’t evict when the courts open back up. You don’t need to be a jerk about it, but letting them know that you have a mortgage and other bills to pay is going to be important.

 

Step 4: Give Your Tenant Options:

Once you’ve explained that the rent is still due, now it’s time to help the tenant navigate this difficult time. We plan to do this by giving them their options, as they may be unaware of the different ways they could come up with the rent.

First, we plan to keep an eye on programs that the government is designing to help tenants. This is a rapidly changing time, so we’ll keep current on assistance programs. Right now, there is a very real possibility that the government is going to issue cash payments to every adult American, which could help. But even if they don’t, there may likely be local, state, or federal programs that could.

Also, we are going to offer other suggestions, as well. For example, could they borrow the money from a relative? Or could the rent be paid via credit card?

In fact, to help where we can, we plan to offer to pay the fee associated with using a credit card. Now would be a good time to get set up with a rent collection system that has the ability to get paid via credit card.

 

Step 5: Emergency Rent Deferral Plan:

Now, this is where I hope my tenants don’t watch this video—because I don’t want the tenant really knowing this is an option. If I brought this up at the beginning for tenants, most everyone would jump at it. Remember, humans will naturally pay the most pressing bill, so I need them to know that rent is incredibly high on their priority list.

So, step five is our “worst-case” measure that will only be mentioned to tenants when they don’t pay their rent—not when they call and say they won’t be able to. We will still let the tenant know that rent is due on the 1st, give them the options I just mentioned, and even still issue a late-notice to the tenant if they miss rent.

But what if they really have exhausted their options and just can’t pay the rent?

This is where we will introduce the tenant to our

 

Have a Rent Deferral Plan
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And because you followed step one above, we have a specific plan in place to deal with this inevitable situation. Having this documented plan in place shows the tenant that this is not us winging it—but we have a system in place to handle it.

First, there is a really important question we will ask each tenant: “How much CAN you pay toward your rent?”

Chances are, even if they can’t pay all their rent, they can probably pay some of their rent. Maybe their rent is $1,000 per month, and they can only pay $300. We’ll accept that $300 and move onto the deferral plan.

 

Simply put, the ERDP allows the tenant to opt into a payment plan for their rent over the following 10 months. The deferral plan is an addendum to their lease that gives them the ability to take their rent and pay it in equal portions over the next 10 months (beginning the second month after enacting). It basically gives them an extra month before the increased payment begins.

For example, let’s say we’ve gone through all this, but the tenant simply cannot make the April 1st rent. They owe $1,000 in rent and because we asked what they can put toward it, they are able to pay $300. The remaining $700 becomes $70 per month and gets added to their rent beginning June 1st.

So, starting June 1st (not May 1st, and I’ll explain why in a second), they will pay $1,070 per month in rent until next March.

Why not start the payment next month? Simply because I have a strong suspicion that this is not going to end that quickly and a one-month deferral may not be enough time to get back on their feet. This is why we’re going to wait an extra month before adding the extra amount.

Furthermore, it is our company policy that during this time, a tenant will be allowed to use this twice. Of course, we won’t tell them this immediately, because we want to work through steps one through four first on the next month, as well. Rent has to remain a priority.

If after two months they are still unable to pay, the tenant may just need to be removed. This is completely uncharted territory we find ourselves in today, so I’m not going to lie to you and tell you I know exactly what we’ll do then. But the government can’t forever stop evictions and stop making people pay rent while continuing to force mortgage payments and foreclosures—or nearly every single landlord in the country will eventually go bankrupt.

 

If this social distancing, job loss, and potential economic meltdown continues, we’ll make new rules as it happens. My guess is that the government will offer more and more programs to attempt to help, because remember—you and I are not in this alone. Everyone is trying to figure this out.

And we will. Humans have an incredible ability to figure stuff out when the night is darkest. We will get through this. We will survive. We will emerge stronger.

I hope this sheds some light on what I’ll be doing in my personal rental portfolio to handle potential rent issues in the near future. Maybe you’ll be doing something different—and that’s great. I encourage you to share your thoughts below and let us know what your plan is. And perhaps together, we can help the world move forward financially.

 

NationalEvictions.com is here for you, We can prepare notices to be sent to Tenants, Have them Served to your Tenants,  If and when the Notices expire have all the court forms ready to file with the courts for all Landlords

Find out more about your rights on our website: https://NationalEvictions.com

 

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Millions of U.S. households are expected to face financial burdens in the wake of the coronavirus pandemic.

Millions of U.S. households are expected to face financial burdens in the wake of the coronavirus pandemic.

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Millions of U.S. households are expected to face financial burdens in the wake of the coronavirus pandemic.

If you are facing reduced hours or job loss and are worried about making your rent or mortgage payment this month, stay calm — President Trump said Wednesday that the Department of Housing and Urban Development will suspend “all foreclosures and evictions” through the end of April.

That said, you will still want to discuss your options with your mortgage lender or landlord if you have experienced a disruption in your income. Here are some steps to take now.

 

 

If you are a homeowner

Contact your lender

Financial planners and consumer advocates are encouraging homeowners to reach out to their loan servicer directly to discuss payment options as soon as they can.

“Borrowers should first reach out to their mortgage holder and inquire about resources they have to delay payments,” John Graff, a Los Angeles-based real estate broker, tells CNBC Make It. “Many lenders have implemented special waivers due to COVID-19, you should check with them first.”

Lenders have certain obligations under your mortgage contracts, says Ira Rheingold, executive director of the National Association of Consumer Advocates. If they aren’t willing to work with you, he suggests reporting them to your state attorney general’s office and the Consumer Financial Protection Bureau.

“You’ve got a long-term relationship with them and they have certain obligations under the law,” says Rheingold. “Contacting them before you are behind is a good thing to do.”

 

Reach out to your bank or credit union

Your bank may also offer hardship programs you can tap into. Don’t wait until your mortgage payment is due to find out about this, call today.

“You have to call and ask about it and most likely apply,”  “Don’t wait until your mortgage payment is due to find out about this, call today. Remember that you don’t have to take advantage of these programs, but it’s worth it to know what’s out there.”

If that doesn’t work,  we suggest contacting your bank to discuss your personal loan options to continue making payments. “Low rates coupled with mass benevolence from corporate America means you may be able to borrow some cash to help tide you over,”

Many banks are already putting together coronavirus response pages. Here are a few major ones:

 

Put your loan in forbearance

A less-than-ideal alternative for homeowners is forbearance, a hardship option that allows you to postpone payments.

“The key here is to inquire about options available for a delay in payments under so-called hardship circumstances,” says Mark Hamrick, senior economic analyst at Bankrate.com.

Although this can provide immediate relief, interest will still accrue on your loans. Since you won’t be paying down your principal balance, that means you will likely owe more in the long run because you will owe more in interest than you would if you made regular payments.

If you have to go this route, ask your lender what terms they can offer you. They will be different for each person depending on their financial history and loan provider.

 

If you are a renter

Give your landlord notice

Renters are advised to contact their landlords as soon as they can to talk through delayed or partial payment options.

“Most landlords would be willing to work with a good tenant who is experiencing hardship due to current events,” says Graff.

Work out a payment plan

It’s best to give your landlord at least a partial payment if you can, says Long. Make a payment plan with them with repayment dates, and get everything in writing. She suggests using the following script and inputting your own financial details:

Hi landlord, as you probably know, I’m off work right now. Will you accept $500 this month rather than the typical $1,000?

If you believe you won’t be able to make a payment at all, bring it up to your landlord as soon as possible and, again, ask if you can put a plan into place to pay once you have income again. Long says to ask if you can skip a month and spread the payment out over the next six months (or whatever is realistic for you) once you are back to work.

“Remember that your landlord needs income too, so approach this with empathy for what you’re asking,” she says. Make clear that “you’re just paying late rather than asking for free money.”

You can also call 211 for your local United Way to see if they are offering rent help, Long suggests.

Look for outside assistance

If your landlord refuses to work out a payment plan, Graff suggests turning to your bank for a short-term loan.

“Many banks are offering to help their customers during this difficult time and you should absolutely take advantage of the assistance if you need it,” he says.

 

 

Housing is your top priority

Housing and food should be your top priorities, says Long. After that, take time to figure out what’s going on with your other bills. Both renters and homeowners can check in with creditors and utility companies to see if they are offering financial hardship assistance.

“If your utility company is willing to waive late fees and give you a payment plan with super low interest for your bill, but your internet provider won’t be flexible, you may opt to pay your internet bill before utilities,” she says. “The goal is to minimize the long-term impact of paying late or less than in full.”

 

Eviction bans

Before Trump announced that the federal government would take action, many cities and some states said that they would implement 30-day or indefinite eviction bans so that renters cannot be kicked out of their homes during the crisis.

“In Los Angeles, for instance, renters experiencing hardship due to COVID-19 qualify for the eviction moratorium and will have up to six months to repay any unpaid rent,” says Graff. “You should check local and state government websites to see if there are options like this available in your area.”

Other cities and states doing this include Baltimore, Boston, Kansas, Miami, New York state, Portland, Sacramento, San Francisco, San Jose and Seattle.

The Federal Housing Finance Agency has asked mortgage servicers to offer borrowers options to reduce or suspend payments for up to six months, says Jill Fopiano, CEO of Boston-based O’Brien Wealth Partners. She also advises homeowners to consult the CFPB’s Find a Counselor tool, which provides a list of counseling agencies.

 

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