Do I Have To Move Out When The Notice Expires
No. Your landlord cant force you out without a court order. If you do not move before your notice expires, your landlord must file a court action called a Forcible Entry and Detainer. This is the legal name for eviction in Maine. Your first court date must be 7 or more days after you are served with court papers and after your notice expires.
Other Federal Tenant Protections
The government-backed mortgage buyers Freddie Mac and Fannie Mae have prohibited landlords of multifamily properties with Freddie Mac- and Fannie Mae-backed mortgages from evicting tenants. For the most current details on the FHFA’s tenant protections, see the FHFA information sheet. To find out if your rental is covered by the Fannie Mae or Freddie Mac eviction bans, visit Fannie Mae and Freddie Mac and enter your address. You can also use the National Low Income Housing’s federal eviction moratorium lookup tool to see if your address is covered by one of the federal eviction bans.
The Consumer Financial Protection Bureau is maintaining a detailed explanation of the federal eviction bans.
Eviction Protections For Renters
The State of Californias temporary ban on evictions for nonpayment of rent related to the COVID-19 pandemic expired September 30, 2021.
Tenants who have questions about their legal rights or pending eviction actions may call:
- Legal Aid Society of San Diego 534-2524 www.lassd.org
- San Diego Volunteer Lawyer Program 235-5656 x127
- Tenants Legal Center 571-7100
State Assembly Bill 832, signed into law June 28, 2021, includes eviction protections for renters, such as:
Emergency Rental Assistance COVID-19 Housing Stability Assistance Program
In the City of San Diego, the San Diego Housing Commission administers the City of San Diego COVID-19 Housing Stability Program. This program helps pay rent and utilities for qualifying households with low income experiencing financial hardship due to or during the COVID-19 pandemic.
To access the application portal, visit
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How Does Eviction Work
Most tenants who rent a place to live in Ontario are protected by the Residential Tenancies Act . If you’re a tenant under the RTA, your landlord must use the Sheriff to evict you. The Sheriff is also called a Court Enforcement Officer. Your landlord can’t evict you by themselves, and they can’t hire a private bailiff or anyone else to evict you.
Your landlord must follow a certain process to evict you. If they follow the process correctly, they will get an eviction order from the LTB that they can bring to the Sheriff’s office. After your landlord pays the Sheriff’s fee, the Sheriff’s office will schedule a time and day to come to your rental unit to change the locks.
Sheriff’s offices usually give you a written notice a few days before the scheduled eviction date. The notice tells you when the Sheriff will be coming. But there’s no guarantee that they will give this notice. And if you got a Sheriff’s notice before the eviction freeze started, you might not get a new notice before the Sheriff comes to evict you.
After the Sheriff changes the locks, your landlord must give you 72 hours to remove your belongings from your place. Your landlord can’t throw out your stuff during these 72 hours. Your landlord must also let you into your place to get your things any time between 8 am and 8 pm during these 72 hours. There are different rules if you live in a mobile home. For more information, read the question: What happens to my stuff if Im evicted?
Landlords Can Still Evict You For These Reasons Despite Moratorium During Pandemic
The national moratorium on evictions was recently extended to keep all families suffering during the pandemic from ending up homeless, but there are warnings about loopholes in the new law.
Ayanna McClure pulled up to her apartment one day this past fall and saw painters taking everything out and putting in new locks.
The health aide told us she lost a month of work over the summer and had fallen behind on rent.
“There was no way I could come up with 2 or $3,000,” she said.
“Ayanna is now staying at a local women’s shelter, but said she was evicted despite the moratorium.
“I guess the first day he could file for eviction, he did it,” she said.
She’s not alone. Three days after Christmas, our team found Amanda Barger and all her belongings tossed out of her rented mobile home.
“I know this is a business, and you gotta pay your own way, but they could have a little kindness,” Barger said.
The good news for renters behind on their payments, the national moratorium has been extended. The bad news, there are many reasons why a landlord can still legally kick you out.
“Disturbing your neighbor, not keeping the apartment clean, those kinds of tenant duties, you can still proceed with eviction for these reasons,” Nick Dinardo of Legal Aid said.
He added that tenants need to know
- The eviction moratorium in not automatic
- You must submit a CDC form, which is on the CDC website
- The moratorium only applies to financial hardship
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Is There Anything Else I Can Do To Stop My Eviction
Read your LTB eviction order carefully. The order will have information on what to do if you disagree with the decision. It will also say how much time you have to appeal the decision.
For more information about what you can do after getting an eviction order, read Eviction Process at the Landlord and Tenant Board.
If I Apply For Rent Relief What Protections Will I Get
Youll want to seek rent relief for two reasons. One: if your application is approved, you could receive funding to clear 100% of your pandemic rent debt dating back to April 2020. Two: even if you dont immediately get funding, simply applying could protect you from an eviction.
Under state law, landlords cannot move forward with evictions between Oct. 1 and March 31, 2022 if their tenant has a rent relief application under review. They can still file eviction cases, but tenants can use a pending rent relief application to defend themselves in eviction court.
If the tenant does file a rental assistance application, it basically holds the eviction until that is resolved, Javier Beltran said. That is a huge protection.
Depending on where you live, you can apply for rent relief through the state of California, or through various local cities and counties. These programs also let you apply for funding to cover upcoming rent that you wont be able to pay.
Keep in mind, these programs have income limits. Generally, in order to qualify for rent relief, you cant be earning more than 80% of your areas median income. The annual income limit in L.A. County is $94,600 for a family of four.
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Heimerich said his department is working with the courts to set up a phone line for the courts to call to confirm and get more information about specific rent relief cases. In Riverside County, for example, someone from the Superior Court will call representatives from the counties nonprofit partners, Lift to Rise or United Way, to check on a tenants rent relief application status.
It is a relatively simple process, but we think it will work well, said Mike Walsh, deputy director at the Riverside County Housing Authority.
But Conneely said the courts are not required to look anything up to determine whether a case should proceed. Tenant advocates worry that might lead to cases moving forward in defiance of the law.
Are local eviction protections also ending?
The city of Los Angeles will continue to have its nonpayment protections in place until the city lifts their emergency protections, as will the city of Fresno. Check with your local jurisdiction whether further protections will remain in place.
What can cities do to protect renters?
How much rental assistance has been paid and how much is still available?
I Cant Afford An Attorney What Do I Do
There are nonprofit organizations like Legal Services and Legal Aid and that provide free legal advice to tenants. Do a search online for free legal help for tenants or call your local elected official to direct you to some resources. You can start by looking at these websites: the Legal Services Corporation,Aunt Bertha , and Just Shelter. Again, these groups offer free services, so if you call someone who asks for payment, youve found the wrong place.
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Can My Landlord Show My Place During The Pandemic
Your landlord normally has some rights to show your place if they give you proper notice. The time they are coming in must be between 8 am and 8 pm. You can agree to a different time, but you don’t have to.
To show your place to a possible buyer, insurer, or mortgage lender, your landlord must give you notice in writing at least 24 hours ahead of time.
Your landlord can show your place to a possible tenant only if:
- you have given notice to move out,
- your landlord has given you a notice to move out, or
- you and your landlord have agreed that you will move out.
In these situations, the landlord doesn’t have to give you a written notice but they must make a reasonable effort to let you know when they are coming.
Ive Never Had To Deal With This Before How Do Evictions Go
Its illegal for your landlord to suddenly kick you out one day for nonpayment your state has a formal procedure they must follow. Typically, your landlord has to give you notice that they plan to evict you. How much notice they are required to give you varies from place to place. In New York, for example, tenants must have at least 14 days notice before a landlord can file an eviction case for nonpayment in court in Wisconsin, five days in Mississippi, three days.
Its scary to receive a notice, but its in your interest to open your mail. If youre able to make a rent payment, keep a record of it, for example, by paying by check. If you are unable to pay during the notice period, the landlord can start a case. But remember: You are entitled to a notice so if you didnt receive a notification, tell the judge or clerk.
Not only do you get notice, but that notice must include specific information. If it doesnt, the case can be dismissed, said Ami Shah, a housing attorney at Legal Services NYC. Look up what your state requires in a notice and compare it to what your landlord sends you.
Its better to consult an attorney before the hearing, but you may not be entitled to a free lawyer as evictions are a civil matter in that case, you should seek free legal advice through a nonprofit.
If you do not show up for your court hearing, you could still be evicted through a default judgment.
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Refusing To Allow Showings
If your landlord or their agent still wants to the show the place and you’re not satisfied that they are taking enough precautions, you might decide not to let them in. It’s a good idea to tell the landlord in writing and explain your reasons. The Federation of Metro Tenants’ Associations has created a sample letter you may want to use.
Try to get legal advice if you are in this situation. There are some risks to refusing to let your landlord show the place if they have followed the rules about notice and time of entry.
Your landlord could give you an eviction notice claiming that you’re interfering with their legal rights. If this happens, your landlord can’t evict you unless they get an orderLandlord and Tenant Board .
Your landlord might sue you later, claiming that not being able to show the place has cost them money.
If you were directed to self-isolate or quarantine, or if you have a disability that your landlord didn’t accommodate, the LTB or the court should consider that when deciding if you were justified in stopping people from coming into your place.
Information For Small Business Tenants
If you are a small business tenant, you can use this form to provide your landlord with documentation of substantial income loss and/or substantial out-of-pocket medical expenses that is directly related to your failure to pay rent as a result of the COVID-19 pandemic as soon as possible.
Examples of substantial loss of income due to COVID-19 include:
- Temporary closure of or reduction in operating hours of a place of business or substantial decrease in business income
Examples of documentation you can provide include:
- Bank statements or financial documents showing your business financial situation before and during the COVID-19 pandemic
Your landlord must provide you this document telling you why you are being evicted, and what your rights are, as well as if they try to evict you.
You may be able to take your landlord to court if they do not comply with the moratorium or use their non-compliance in any eviction proceeding.
For more information about the eviction moratorium, please see our list of .
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Notice To Cooperating State And Local Officials
Under 42 U.S.C. 243, the U.S. Department of Health and Human Services is authorized to cooperate with and aid State and local authorities in the enforcement of their quarantine and Start Printed Page 55297other health regulations and to accept State and local assistance in the enforcement of Federal quarantine rules and regulations, including in the enforcement of this Order.
Missouri Family ‘camps’ After Threats
USA TODAYs review of complaints filed with various state attorneys general shows landlords across the country attempted to raise rents on financially struggling tenants, and then turned to extreme measures to evict them when they could not pay.
One Missouri renter said she was forced to leave her apartment during the pandemic after the landlord raised rent $35 a month and the monthly dog fee by $5.
Others in the state complained of even steeper hikes, despite job losses and other financial hardships.
During a pandemic like weve never seen before, theyre acting like everything was normal, said Debbie Carter, who filed a complaint in March after her landlord raised her rent and would not let her go month-to-month on her lease.
In the deep woods near the Ozarks, residents of a shuttered nine-hole golf resort that was converted into apartments say their landlord tripled rents, threatened them with eviction and had them work under the table to repair the derelict units to pay off their debts.
The former timeshare property had been neglected for years, with mold growing on stairs, ceilings and curtains. Residents complained to the state about holes in the walls and floor, where roaches, ants and bed bugs scurried.
Laura Loyd had been living in a two-bedroom unit there for two years when it changed ownership at the onset of the COVID-19 pandemic, in February. Out of work, she was struggling to make the $575-a-month rent, and asked if she could split it into two installments.
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They Broke A Lot Of My Things
Apart from the temporary CDC moratorium, the U.S. has no federal eviction policy and each state has different rules for landlords and tenants. In Ohio, for example, landlords can proceed with evictions if a tenant is just one day late with the rent.
Some states have implemented their own eviction bars. But at least seven states Arkansas, Georgia, Missouri, Ohio, Oklahoma, South Dakota and Wyoming have never put such protections in place. All are Republican-controlled and most have resisted many Covid-19 measures.
Landlords in an array of states have filed lawsuits challenging the CDC moratorium. One, filed in federal court in the northern district of Ohio, contends that the eviction ban represents a sweeping assumption of power by an administrative agency that it simply does not possess. The American Medical Association and the American Academy of Pediatrics filed briefs in support of the CDCs order and against the landlords. The judge hearing the case is expected to rule soon.
The homeless wave is already starting to build in some places, housing advocates say. Benjamin Horne, advocacy director for the Legal Aid Society of Columbus, Ohio, reported a significant increase in eviction filings in the most recent week in his area over 500 compared with at most 300 previously.
She was given a week to get out and at 3 p.m. on the last day, as she was packing, the landlords representatives arrived and started tossing her belongings into the yard.