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594,876,998
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566,324,382
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6,453,798
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Updated on August 14, 2022 6:31 am

Global Statistics

All countries
594,876,998
Confirmed
Updated on August 14, 2022 6:31 am
All countries
566,324,382
Recovered
Updated on August 14, 2022 6:31 am
All countries
6,453,798
Deaths
Updated on August 14, 2022 6:31 am
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Can Landlord Evict During Covid



Landlords Face Uphill Battle Evicting Tenants During Covid

To avoid Covid-related evictions, tenants need only sign the CDC’s Covid declaration form. It states that you were impacted by Covid and can no longer afford all or some of your normal rental obligations.

For landlords, this declaration can mean dealing with a whole host of behaviors that might have otherwise resulted in eviction proceedings.

Forbes Advisor spoke to several real estate and unemployment attorneys across the country about mom-and-pop landlord rights. Here are two takes on this question: What can landlords do if they’re struggling financially and can’t collect rent from their tenants?

Because different states and municipalities have their own rules and programs, the lawyers’ advice varied. So landlords need to seek advice from local attorneys who know the laws in their area.

Section 2: Repairs Maintenance Health And Safety And Communal Areas

Local authorities, landlords and tenants should continue to work together to keep rented properties safe and it is in the best interests of both tenants and landlords to ensure that these properties are in good repair and free from serious hazards. Tenants should let their landlords know early if there is a problem and landlords should take the appropriate action as soon as possible.

Is There Anything Else I Can Do To Protect Myself From Landlord Retaliation

Yes. Document and date any actions that you take. Document and date any actions that your landlord takes as well. This can be extremely helpful later on. Being able to point to a specific date when something actually took place will save you a headache in the future. Always make copies for your records and make sure that you date every document as well.

Can I Get Help With Rent

Apply. You can apply for help with rent through the Texas Rent Relief program, programs you can find on your local city or county website, and the organizations listed and .

If your landlord has already sued you for eviction, the Texas Eviction Diversion Program may be able to help with rent, end the case, and seal the eviction on your record.

New Laws Apply To Eviction Cases

Can your landlord evict you during the COVID

State laws on eviction cases were amended in light of the COVID-19 pandemic to provide protections for residential tenants. The law currently provides protections for renters who are given an eviction notice because they are unable to pay their rent or other charges between March 1, 2020 through September 30, 2021, due to COVID-19-related financial distress. It also provides that, for that same period, any other evictions of residential tenants must be based on just cause. In addition, the state now has a rental assistance program in place to pay landlords the rent due during that period and beyond for tenants who qualify for the assistance. 

The state legislation that has put these protections in place is described below. There are also federal protections described below, which are in effect through July 31, 2021.

Whether you are a tenant or a landlord, it is important to get help to understand your rights and responsibilities under these new laws and ordinances.

Are you a landlord looking for more information? Jump to Help and Resources for Landlords

Are You A Tenant Facing Eviction Between August 3 2021 And October 3 2021

The CDC issued a new eviction moratorium on August 3, 2021, effective immediately, that applies to certain counties in North Carolina. The previous CDC eviction moratorium expired on July 31, 2021.

If you are facing eviction due to nonpayment or late payment of rent, late fees, penalties, or interest, then you may be eligible for the CDC eviction moratorium. The CDC issued an Order on August 3, 2021 declaring a moratorium on certain evictions when a tenant notifies their landlord that they are covered by the moratorium using this new Declaration.

The new eviction moratorium applies only in counties with substantial or high rates of community transmission levels of COVID-19. To find out if this new CDC Order may apply in your county, you can check the CDC’s COVID Data Tracker. If a county that is not covered by this Order as of August 3, 2021 later experiences substantial or high levels of community transmission while this Order is in effect, then that county will become subject to this Order. If a county that is covered by this Order no long experiences substantial or high levels of community transmission for 14 consecutive days, then this Order will no longer apply in that county, unless or until the county again experiences substantial or high levels of community transmission while this Order is in effect.

This eviction moratorium applies to you if all of the following are true:

Tax Bills Are Likely Still Due

Beyond making mortgage payments, landlords may have other expenses to cover, too. For instance: Property taxes, which cost a national average of $3,500 a year, according to ATTOM Data Solutions.

Because of the pandemic, a few municipalities are letting homeowners and landlords defer tax payments or set up payment plans, according to the Tax Foundation.

For example, Wisconsin is allowing municipalities to waive interest and penalties on late property taxes that are paid by Oct. 1.

Where Can I Get Help With Paying My Rent

Ohio has allocated funding to Community Action Agencies to provide rent, mortgage and water and/or sewer assistance to Ohioans in need in all 88 counties. This assistance can help Ohioans pay outstanding balances back to April 1, 2020. Ohio households behind on their bills with an annual income at or below 200% of the federal poverty guidelines will be eligible for assistance. You can apply for rental assistance now through your local community action agency.

If you get federal help to pay your rent, like through a section 8 housing choice voucher or live in public or subsidized housing, you should  ask for an “interim recertification” to reduce your rent.

Even if you qualify for the moratorium or if your eviction has been delayed, your past due rent still needs to be paid. You should use this time to negotiate with your landlord to see if you can arrange a payment plan. Get any agreement in writing.

Forms For Answers Appeals And Missed Hearings

Eviction Answer Toolkit – File if you get a Notice to Vacate

See our Eviction Answer Toolkit if you get a Notice to Vacate or notice of an eviction hearing court date. The toolkit includes forms you can fill out and file to tell the Justice Court your side of the case.

Appeal Form

If you lose your case, you may appeal within 5 days of the hearing. Go to Texas RioGrande Legal Aid to get forms to help you appeal your case, as well as more information on the eviction process. The second half of the video explains how to fill out the appeal forms, which are found on the page’s right side. 

Missed Hearing

Motion to Set Aside Default Judgment – Use this form if you missed your hearing for a good reason. It asks the court to take back a default judgment and rehear your case.

Am I Allowed To Retaliate Against My Landlord

No – even if your landlord is being unreasonable. Never try to take matters into your own hands. At best, it could worsen the situation between you and your landlord. It could also end up with you being evicted and owing fines. 

Try to talk with your landlord first. If that doesn’t work, consider involving the court system by filing a lawsuit.

What Does The Cdc Order Stop The Landlord From Doing

The CDC order it may prohibit your landlord from the following:

  • Filing for eviction
  • Moving forward with an existing eviction case
  • Enforcing any eviction that the court already decided

The landlord may ask the judge to decide whether the CDC declaration you signed honestly applies to your situation. If the judge decides that you do not meet the CDC declaration’s requirements, then the eviction may go forward. 

Note that the CDC order only protects against eviction for nonpayment of rent. If you do something to break your lease contract or your lease ends, your landlord can still try to evict you. 

Could You Give An Example Of How I Could Be Evicted During The Protection Period

Yes. Here is an example: You spot mold in your apartment. You notify your landlord that you want it taken care of. This begins a period of six-months where your landlord cannot retaliate against you. One month later you get a dog, which violates your lease. Your landlord then evicts you for violating your lease. 

In this situation, your landlord could prove that they did not retaliate against you. Instead, your behavior violated the terms of your lease. This lease violation would be a valid reason for your landlord to evict you.

Did A Federal Court Say That Tenants Can No Longer Use The Cdc Declaration

What are your rights as a tenant in Tasmania during COVID ...

Not exactly. One federal district court did say that the . However, that court did not order everyone in the country to stop using the CDC declaration. It is unclear now whether the court decision only applied to the parties in the case, to properties in the Eastern District of Texas where the court is, or if it will have broader impacts. The US Department of Justice has the decision.

Also, the Supreme Court of Texas still instructs courts to honor CDC declarations. That means for the time being, many eviction courts may still recognize the CDC declaration.

Check Out New Small Business Resources

The CARES Act also includes programs through the Small Business Administration for helping small businesses—and yes, landlords do qualify!

You must own your rental properties under an LLC, and should apply for relief as a “business with not more than 500 employees.”

If you do have one or a few employees, the Paycheck Protection Program is a potentially forgivable loan for employers who maintain their payroll during the COVID-19 crisis.

The Economic Injury Disaster Loan offers emergency grants up to $10,000 to small businesses harmed because of the coronavirus.

“One of the benefits of SBA funds and the additional funds being pushed out through the federal government is that these banks have capital to loan,” Tassell says.

“It’s not like we’re in the capital crunch that we were in the previous recession. So that is a real benefit to property owners if they have an asset with equity available.”

Attend To Your Mortgage

At this point in the COVID-19 crisis, most private lenders are willing to work with borrowers to ensure that they don’t lose their homes. Call your lender directly and ask what steps it is taking to assist borrowers who can’t meet their mortgage obligations due to the coronavirus pandemic.

Guidance For Landlords And Tenants

© Crown copyright 2021

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at https://www.gov.uk/government/publications/covid-19-and-renting-guidance-for-landlords-tenants-and-local-authorities/coronavirus-covid-19-guidance-for-landlords-and-tenants

Non-statutory guidance for landlords and tenants in the private and social rented sectors on:

  • Rent, mortgage payments and possession proceedings
  • Health and safety obligations, repairs and inspections in the context of coronavirus
  • This guidance is advisory and informs you about recent changes to the law. All guidance is subject to frequent updates and should be checked regularly for currency.

    The guidance in this document applies to England only. Some of the measures referred to also apply in Wales.

    Landlords and tenants should also follow the guidance on how to stay safe and help prevent the spread of COVID-19 and to abide by the latest government guidance on COVID-19.

    1. Rent, mortgage payments and possession proceedings

    This is a summary of the rent, mortgage payments and possession proceedings section. Further detail can be found in Section 1 below.

    The purpose of this advisory guidance is to help landlords and tenants understand requirements around rent, mortgage payments and possession proceedings that are in place during the pandemic.

    2. Repairs, maintenance, health and safety, and communal areas

    Does My Landlord Have To Take Any Special Steps To Evict Me

    Yes. Your landlord has to follow strict rules and file a court case before they can evict you. Find out about the eviction process .

    Some local governments also have special notice requirements. In these areas, the landlord may have to give you extra time to find a new home or make up rent. If they do not follow these steps, they may be fined or even barred from evicting you. See information about special notice requirements here.

    Tenant Faqs During Covid

    Mayor Bowser recently announced that the “public health emergency” ended on July 25, 2021. You can get up-to-date information on the COVID-related website Mayor Bowser set up at . Note that we are still under a “public emergency” in the District of Columbia, but the end of the “public health emergency” signals the end being near for many protections for tenants.

    Can my landlord evict me now that the public health emergency has ended?

    No. Landlords are prohibited from filing new eviction complaints and evicting any tenant during the public health emergency and for 60 days after the end of the emergency.  Starting October 12, 2021, landlords can file for eviction for nonpayment of rent ifthe past due rent is equal to more than $600 and any of the following applies:

  • The tenant fails to submit an emergency rental assistance application within 60 days of receiving a notice of past due rent;
  • The tenant’s application for emergency rental assistance was denied, or the application was approved with a balance of equal to or greater than $600 remaining unpaid, and the tenant and housing provider have not established a rent payment plan within 14 days of the denial; or
  • A tenant with a rent payment plan is at least $600 or 2 months behind on the terms of the payment plan, whichever is greater; and
  • The landlord has provided a Notice to Vacate to the tenant that complies with the law.
  • Starting January 1, 2022, landlords can begin filing all other eviction cases.

  • The amount due;
  • Does This New Moratorium Protect Me

    This moratorium protects you from eviction for nonpayment of rent if all the following are true:

    • You live in a county with substantial or high levels of COVID-19 transmission;
    • You fit into at least one of these three categories:
    • You received an Economic Impact Payment under the CARES Act;
    • You expect to make $99,000 or less in 2021  or earned $99,000 or less in 2020;
    • You were not required to report any income in 2020 to Internal Revenue Service ;
  • You’re unable to pay your rent because of substantial loss of household income, loss of work or wages , or unreimbursed medical expenses likely to exceed 7.5% of your adjusted gross income ;
  • You are making your best effort to make timely, partial rent payments based on your circumstances;
  • You would likely be homeless or need to “double-up” if you were evicted. This includes  having nowhere to live, having to move into a homeless shelter or other shelter, or having to move in with another family because you have no other housing options;
  • You have tried to get help paying your rent from government agencies such a HARA, MDHHS or other), or MSHDA. These resources can also help prevent an eviction; to learn more about how to get this help, read COVID Emergency Rental Assistance Program . It’s important to learn both about the CDC moratorium and CERA; and
  • You have given your landlord a declaration, signed by all adults on the lease, saying these things are true. Keep reading to learn how to make a declaration.
  • I Own A Manufactured Home But I Rent The Land It Sits On Do I Get Any Protections

    Yes. Texas Property Code 94.251 through 94.255 gives you the same protections against retaliation that you would have if you lived in a traditional rental home. This means that you have the same six-month protection period. You also are entitled to the same compensation if your landlord violates the law. Everything in this article applies to you.

    Note: Recreational vehicles are generally not considered homes and may not have the same protections.

    Different Types Of Eviction

    Can I evict my tenant during the coronavirus crisis ...

    This moratorium stops evictions for nonpayment of rent. However, if your landlord is trying to evict you because your lease has ended, or you’re on a month-to-month lease, you might be protected by the moratorium. If you are in this situation, contact your local legal aid office for help. Use the Eviction Resource page to find their contact information.

    The CDC moratorium mentions specific types of eviction that are not protected. The moratorium does not cover evictions for any of the following reasons: 

    • Engaging in criminal activity in your home
    • Threatening the health or safety of other residents
    • Damaging or posing a significant risk to property
    • Not following local health, safety, or building codes or ordinances
    • Not following other terms of your lease

    If your landlord is trying to evict you for one of these reasons, you may want to speak to someone at your local legal aid office who could help. Find their contact information on the Eviction Resources page.

    Landlords Leasing Commercial Properties

    For landlords with tenants in financial distress. Landlords with commercial properties may be eligible for a land tax concession if they provide rent reductions to their tenants.

    How much

    • Payment up to 100% of 2021 land tax on a parcel of land

    Eligibility

    • For landlords who provide at least that much rental relief to tenants who are eligible for the
    • Micro-business COVID-19 Support Grant and/or
    • 2021 COVID-19 NSW Business Grant and/or
    • JobSaver scheme

    For more information Service NSW.

    Can I Be Evicted During Covid

    Yes. The Landlord and Tenant Board is still holding eviction hearings during the pandemic. For more information, read the question: Are LTB hearings going ahead in the COVID-19 pandemic?

    On April 8, 2021, the government made an order stopping the Sheriff’s office from evicting most tenants during the COVID-19 state of emergency. This “eviction freeze” is now over. This means your landlord can have the Sheriff evict you.

    I Have A Commercial Lease Do Any Of The Covid

    Maybe. Most protections only apply to residential leases. However, Austin and Travis County have halted evictions for commercial tenants.

    If you have trouble making rent on a commercial lease, consider trying to work out a deal with your landlord. Your landlord might be willing to negotiate less rent, a longer lease, or some other solution.

    Federal Centers For Disease Control And Prevention Eviction Moratorium

    On September 2, 2020 the U.S. Centers for Disease Control and Prevention issued a public health order to temporarily stop landlords from taking actions to evict tenants who provide a declaration that they are unable to pay rent and meet certain other requirements. The original order provided such protection to December 30, 2021, but it has been extended several times since then, most recently through July 31, 2021

    On August 3, 2021, the CDC issued an order, effective through October 3, 2021, that protects tenants in counties experiencing “substantial or high levels of community transmission” of COVID-19. Under the order, a tenant who provides a declaration may not be evicted for failure to pay rent.  

    This law may protect tenants who are not covered, for whatever reason, by the state law. It is not yet clear how this order applies to individual cases in California, and at least one challenge to the order’s validity has already been filed in federal court  California court may determine that it does apply, at least for those tenants not protected by state law, so a tenant unable to pay rent may want to provide the landlord with a declaration under the CDC order if they can do so.

    How Does The Program Work

    The Texas Eviction Diversion Program helps tenants who have been sued for eviction. If the tenant qualifies and the landlord agrees or has applied for rent assistance, then the court dismisses the eviction case. The landlord gets paid and the tenant stays in the home. The judge will also seal the court record so that future landlords won’t see it and hold the eviction case against the tenant. Be sure to tell the judge that you want to participate in the the Texas Eviction Diversion program.

    Reducing The Risk Of Infection In Shared Accommodation Accommodation With Shared Facilities And Overcrowded Accommodation

    This guidance is for people living in all types of housing, in particular for people who live in:

    • accommodation with shared facilities, such as a block of flats
    • overcrowded accommodation
    • a flat or house share where tenants live with another person with whom they are not related and share cooking and bathroom facilities
    • a House in Multiple Occupation , which is where three or more people from two or more different families share cooking or bathroom facilities
    • co-living where multiple people/households share some facilities or common areas

    Can I Be Evicted For Getting Sick

    No. Your landlord is not supposed to ask about illnesses or other disabilities, nor can your landlord treat you differently than anyone else due to an illness. This includes whether you have COVID-19 or any other illness or disability.

    See these articles for more details:

    What Landlords Need To Know And Do

    Maryland Covid Eviction Rules

  • Landlords who issue five-day notices of eviction for nonpayment must include a notice informing tenant of their rights under the COVID-19 Eviction Protection Ordinance.
  • | Simplified Chinese | | | |
  • Landlords who receive a Tenant Notice of COVID-19 Impact and who have not applied for emergency rental assistance funds from either the city or state must register with the Department of Housing  no later than the fifth day after issuing a five-day notice of termination of tenancy.

     3. Landlords that do not come to an agreement with a tenant after the negoatiation period and files an action with the Circuit Court to evict the tenant for nonpayment, must file an affidavit with the action affirming reasonable attempts to contact the tenant and negotiate in good faith faith and, that the landlord registered for the Emergency Rental Assistance Program or similar program offered by the state or county.

    Are Evictions Allowed During Covid

    We’ve survived the first week of Alert Level 4, post hard Lockdown – with certain rigorous rules relaxed – and a few extended. 

    More business categories are now deemed “essential” and some people have been able to return to work, albeit under very strict conditions – as most normal daily activities remain prohibited or restricted.

    One of the most notable changes is the extension of the movement or travel window. Previously, a once off travel window for those who needed to get back to their place of residence was allowed between 1 and 7 May. This has been extended to allow those who have signed a new lease, have to move due to an expired lease or would like to move to their new property bought before lockdown was enforced – now extended until 7 June – See the full details here: You can now move during Alert Level 4 – and these are the documents you’ll need

    To recap, legal expert Simon Dippennaar looks at what tenants and landlords can and can’t do under Alert Level 4 of SA’s risk adjustment strategy to stem the impact of the Covid-19 Pandemic.

    Renting

    SEE: 

    What about evictions? 

    Be prepared 

    READ: Home loans, offers to purchase and deeds registration during Covid-19 | What you need to know

    Don’t be in a hurry to evict good tenants

    Seek sound eviction advice


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