Landlord and Tenant Law continues to evolve as the coronavirus pandemic endures.  Landlords’ frequently asked questions are answered here.

What is an “eviction moratorium”?  Tenants may not be evicted for non-payment of rent if they provide a Declaration affirming that they meet certain criteria.

For what reasons may covered tenants be evicted during the moratorium? Criminal activity, substantial damage to property, lease violations, and behavior that adversely affects health and safety.

Are there other requirements? Yes –

• Prior to filing in Court, a landlord must complete an Affidavit of Compliance with Federal Laws.
• A 30-day notice for non-payment of rent is required if the CARES Act is applicable.
• The LT Writ form has recently been updated – be sure to check with your local court to confirm you are using the latest version.

Must tenants still pay rent?  Yes, however, if the tenant serves the landlord with a Declaration, the eviction will be delayed until the CDC Order expires.  Notably, the Order does not prevent landlords from charging fees, penalties, or interest during the moratorium, provided that any charge is set forth in the lease.

How long is the moratorium in effect?  At least until March 31, 2021, though it may be extended again.

Is relief available for landlords? Yes, the foreclosure moratorium has also been extended.  Landlords will soon be able to apply directly to the government to collect assistance for tenants’ past due rent.

The experienced attorneys at Wescott Law are here to assist with your landlord/tenant needs.  Contact Attorneys Allison Ambrose or Shawna Bentley for a free consultation.