7 Legal Details to Know About Evictions During the Coronavirus
7 Legal Details to Know About Evictions During the Coronavirus
In more normal times, if you don’t pay your rent, you will eventually be evicted. Evictions can differ state-by-state and can vary even amongst various municipalities. In some areas, you must be given a chance to cure your default; in other locales, your landlord can instantly lock you out of your apartment as a wake-up call that eviction may be imminent. Eviction most always is a judicial process, and you generally must be given a chance to appear in court before you and your belongings are thrown out onto the street. In a pandemic like COVID-19, it’s important to understand that you may have other legal protections, so please pay attention to the following seven legal details.Federal eviction moratoriumsA portion of the CARES Act that expired on July 25th, 2020 did require some landlords to observe a 120-day eviction moratorium. In other words, even if you didn’t pay rent for 120 days, you could not be evicted legally if your apartment fell under certain conditions—one of which was if your property had been financed by a federally backed mortgage. Local eviction moratoriumsAustin, Texas, for example, has extended its local eviction ban until September 30th, so regardless of any lapse in federal protection, Austin tenants cannot legally be evicted, nor can their nonexempt property be seized. Therefore, it is very important to check with your local government to see what eviction protections are still in place.Rent is not forgivenEventually, these eviction prohibitions will be lifted, and at that time tenants behind in rent payments will have to figure out how they are going to make payments going forward while at the same time taking steps to pay back rent. COVID-19 eviction prohibitions do not usually wipe out past-due rent balances, although local governments may introduce new regulations covering the handling of past due rent when the evictions bans do expire.There is help availableIn many states, there is rental assistance available. The Arizona Department of Housing has set up a site with a self-assessment questionnaire. Certain persons can qualify for COVID-19 rental assistance by completing the questions and continuing with the assistance process. Check your state’s resources if you think you might qualify for help. Alternatively, you can also shop around for better deals in case you are looking to save money during COVID-19.
Individuals wearing masks during coronavirus outbreak; Image via Pixabay. Public domain.
About Luke Fitzpatrick
Luke Fitzpatrick has been published in Forbes, Yahoo! News and Influencive. He is also a guest lecturer at the University of Sydney, lecturing in Cross-Cultural Management and the Pre-MBA Program. You can connect with him on LinkedIn.