The CDC eviction moratorium is no longer in effect, and landlords are questioning if evictions are lawful in their state or city. Learn more about your landlord rights here.
What you will discover:
How will the eviction moratorium’s termination effect landlords?
How can I recoup my rent?
Is it preferable to attempt to evict a renter or to negotiate a settlement?
Is it permissible to remove a renter without a formal eviction?
With the Supreme Court overturning the most recent CDC eviction moratorium extension, federal eviction moratoriums are virtually finished. This implies that landlords may resume evictions that were previously halted in most states. However, as a landlord, you should be prepared for challenges and delays while the courts work through the backlog of cases. You may also wish to examine less expensive alternatives to eviction.
Table of Contents
How will the eviction moratorium’s termination effect landlords?
The CDC eviction moratorium barred landlords in all states from evicting tenants for nonpayment of rent if they were experiencing financial difficulty as a result of the COVID-19 outbreak. With the moratorium lifted, many landlords may now sue for eviction. Cases in states that enabled landlords to petition for eviction but put them on hold during the moratorium may now be heard.
The Supreme Court’s decision merely lifted the federal moratorium. States may also have eviction moratoriums, however the majority of the existing state moratoriums are slated to expire in October. New Jersey has extended limited safeguards for poor and moderate-income citizens through December 31, 2021. If the renter can produce documentation of their COVID-19-related hardship, New York has limited safeguards in effect until January 15, 2022. If you are a landlord in a state or city where there is still an ongoing moratorium or programs that effectively prevent you from evicting a tenant for nonpayment of rent, you may need to either wait or observe the regulations or limitations that are still in place.
With the moratorium’s termination, courts are expected to see a substantially larger number of evictions than usual. Some courts continue to operate under COVID-19 health constraints, such as restricting courtroom capacity or employing virtual hearings. This indicates that the eviction procedure may take significantly longer than usual.
How can I recoup my rent?
When renters fall behind on their payments, landlords may have difficulty recovering back rent. Nonpayment of rent typically results in eviction, allowing the landlord to rent the apartment to a new tenant. While this may reduce the landlord’s losses, any delay in the eviction procedure might result in financial hardship. You still have various options as a landlord for collecting missed rent:
Increase your existing rent.
Notify the renter that you will seek eviction if the overdue rent is not paid in full by a specified date.
If a renter wants to remain and you wish to avoid the legal fees associated with eviction, you may choose to propose a payment plan. If you choose this option, check your state or local regulations, or consult with a lawyer, to determine how taking a full or partial payment, or putting up a payment plan, affects your ability to evict.
You have the option of hiring or selling the debt to a collection agency.
You may sue the renter or their co-signer without filing an eviction complaint.
If you petition for eviction, a judge may compel the renter to pay the amount owing, as well as interest, and maybe your court expenses and lawyers fees, if permitted by your lease or local law.
Is it preferable to attempt to evict a renter or to negotiate a settlement?
Many renters who lost their employment or had their income decreased due to the epidemic are now earning enough to cover their current rent. They may, however, still be straining to make up for missing payments. If you feel the renter’s financial difficulties have passed and they are otherwise a good tenant, you may choose to maintain them as a tenant and work with them to recover the missing payments.
A Rent Payment Plan or Late Rent Payment Agreement is one method to do this. A written agreement enables you to emphasize that any deadline or penalty exemptions are just temporary. It also protects your right to evict in the future if required, and it provides a legal remedy if the renter fails to make the agreed-upon catch-up payments.
It is also a good idea to check to see whether your renter has taken advantage of any rental aid programs in your region.
Is it permissible to remove a renter without a formal eviction?
Without a formal eviction, it is virtually always unlawful to remove a renter. You may ask a renter to leave, but you cannot force them out on your own by changing the locks or turning off the utilities. If the renter refuses to go, you will most likely have to go to court to evict them. Even if you have given a tenant a Landlord’s Notice of Nonrenewal at the end of their lease, you cannot physically force them out and may have to evict them if they do not depart.
If a tenant fails to make a payment, the landlord will normally issue a Late Rent Notice, while some landlords prefer to simply send an Eviction Notice. If you want this notice to initiate the eviction process in certain areas, you may need to add particular wording alerting the renter of your authority to evict them. Before you begin, you should fill out an Eviction Process Worksheet to ensure you are prepared.
To evict a renter, you must first give the tenant with a written Eviction Notice that complies with local or state rules, then file an eviction case and appear in court. If the renter does not leave freely after the court issues the eviction order, you may request that local police enforcement forcefully remove them.
