In the continuing fight to slow the spread of COVID, the White House has just announced an Order barring nonpayment of rent evictions against most tenants through December 31, 2020.
It has been issued by the Centers for Disease Control and Prevention (“CDC”). The text can be found here.
This new moratorium is just one of many throughout the country. The federal government passed the CARES Act, which was intended to protect renters in apartments and single-family homes financed with a federally backed mortgage (e.g. Fannie and Freddie, etc.). It has since expired, which, in part, is why the CDC Order was enacted.
However, the CDC order is much broader than the CARES Act, and applies to all renters of residential housing. However, to obtain this protection, tenants will have to attest, under oath, to a substantial loss of household income; the inability to pay full rent; to having exercised their best efforts to obtain all available government assistance for rent or housing; that eviction would require them to live in close quarters with others; and attesting that an eviction would likely leave them homeless or otherwise, etc.
Who bought a planner for 2020? Doesn’t that seem like the most useless purchase now?
Fear, failure, and uncertainty have been words we have heard, seen, and felt this year. 2020 has certainly thrown us a curve ball, and if you are like the most of us, you had no plan or procedure on how to deal with a global pandemic. I have been instructing emergency preparedness for over 15 years, and Covid19 has never been in my research or curriculum. It will be from now on. I have always dedicated time to address the necessity of proper PPE. You can bet that will be even more emphasized now. And what about technology and the ability to quickly pivot to a remote workforce? Did this fit into a pre-2020 emergency plan? Probably not, but now that piece is vital.
Question: We were awarded a stipulated payment agreement prior to the moratorium going into effect. The resident has defaulted on their agreement but has tried to make partial payments. If the courts were open, we could file a notice of noncompliance and move forward with an eviction. But the way I understand our current landscape is, if we take a partial payment that’s not equal to his stipulated payment agreement, it gets thrown out and we would have to start the process all over again. It would be great if we could accept the payments and if by the time the moratorium was over and the resident was still behind on then we could file on the defaulted agreement.
You just found out that a resident tested positive for COVID-19. You can’t get into fair housing trouble if you notify all the residents on her floor about it so they can take extra precautions to avoid exposure. True or false?
This month at Manufactured Housing Communities of Oregon (MHCO), we look at how to avoid fair housing trouble while dealing with the COVID-19 pandemic. For months now, the nation has been confronting the public health emergency caused by the new coronavirus. By April, all 50 states had reported cases of COVID-19 to the U.S. Centers for Disease Control (CDC), though different parts of the country experienced different levels of COVID-19 activity. According to the CDC, U.S. COVID-19 cases include:
People who were infected while traveling, before returning to the United States;
People who were infected after having close contact with someone known to be infected with the virus; and
People who were infected but don’t know how or where they were infected.
Question: We have residents in our RV park who seem to be blatantly violating the governor’s COVID-19 emergency stay-at-home order. Some residents have outside family members or guests come by regularly, while a few other residents get together on their spaces to just “hang out” in the evenings. This has caused some concern in the park, so what can or should we do?
COVID-2019 is a new strain of coronavirus that emerged in central China at the end of 2019 and continues to spread around the globe. The COVID-2019 outbreak has been declared a pandemic by the World Health Organization (WHO) and is already having a major effect on international commerce. As the outbreak expands in the United States, commercial real estate owners and property managers should be well prepared to monitor and address concerns impacting the industry as a result of the virus.
Question: We need clarification on 30- day notices. Assuming courts are closed for longer than 2 weeks - this could become 2 months. What should a landlord do who has a tenant problem that warrants issuance of a 30-day notice? If the landlord gives a 30-day notice now, he/she has two possible choices: (a) Accept no rent for the second month the 30-day notice spans; or (b) or accept only a portion of the second month’s rent prorated through the last day of the “Deadline” (i.e. the last day in the Notice for the tenant to cure the default). Is there a way around this, so the landlord can collect the entire month’s rent for the second month?
Answer. Accepting rent for the period beyond the Deadline means that the tenant is entitled to occupy the space even after the failure to cure within the 30-day cure period. Yet the failure to cure is the event after which the landlord may file for eviction; the tenant has no legal right to remain on the space. Accepting rent for that period creates a waiver of the right to treat the failure to cure as a default upon which the eviction may be filed.
There are perhaps three ways to prevent that from happening, so that a landlord may receive rent for the entirety of the second month, notwithstanding the fact that it covers a period beyond the Deadline.
1. The preferred way in my opinion, is to extend the cure period in the notice. When it is issued, extend the 30-day cure period so that it goes through the 30thor 31stday (as applicable) of the second month.
EXAMPLE:If a 30-day notice is mailed on March 19, normally, the time to cure would end 33 days hence, i.e. starting with March 20 being the first day, and ending at midnight April 21stas the end of the cure period. In that case, the landlord can either take no rentfor April or take rent proratedthrough the 21 days of April.
But if the cure period in the notice is extended through April, and ends at midnight (end of day) on April 30ththe L could accept rent for the entire month of April. If the tenant pays the rent for April andcures the violation by April 30, the problem has gone away.
Of course, there still is a problem if the tenant does not cure and does not pay any rent, if the courts are still closed and no eviction (either for the failure to cure, or failure to pay after issuance of a 72-hour notice) can be filed.
2. Another alternative is to unilaterally extend (in writing) the cure period for another 30 or 31 days on condition rent was paid, to span the following month. Can a landlord do that? In my opinion yes – it does not reduce a tenant right, but expands it. Of course, a judge could see it differently.
3. Lastly, the landlord can try to enter into a written agreement with the tenant (after issuance of the 30-day notice) that acceptance of rent for the balance of the second month shall not be construed as a waiver. But what’s in it for the tenant?
The only time this seems feasible is where the tenant is cooperative about curing within the 30 days, and agrees in writing that if landlord accepts the full rent for the second month it will not constitute a waiver.