Articles — eviction

A New Consumer Protection Rule on Evictions

Posted by Stephen Marshall on

A New Consumer Protection Rule on Evictions

I just have a brief update today, but potentially an important one. The Bureau of Consumer Financial Protection has issued a new rule that puts a new obligation on landlords, attorneys, and collection agencies seeking to evict or collect debts from tenants. The rule amends the Fair Debt Collection Practices Act, which applies to “debt collectors”. You can read the new rule and all the commentary on it here and can find a fact sheet on it here. DEFINITIONS OF “DEBT” AND “DEBT COLLECTOR” Under the FDCPA, “debt” is defined as “any obligation or alleged obligation of a consumer to pay...

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Solving the CDC's Partial Payment Dilemma

Posted by Stephen Marshall on

Solving the CDC's Partial Payment Dilemma

In my last update I talked about the new procedures in eviction courts throughout the state when the case is based on the tenant’s failure to pay rent. On the first court appearance, if the tenant fails to appear, you will be granted a judgment. If the tenant appears, the judge will advise both parties of the state and local rental assistance options and of the CDC Declaration Form and will reschedule the matter for two weeks. If the tenant signs the CDC Declaration Form, the matter is being rescheduled for January. If the tenant fails to sign the CDC...

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The Eviction Appeal

Posted by Stephen Marshall on

The Eviction Appeal

Most landlords and property managers who have been to eviction court know that, when the judge enters a judgment of eviction, the tenant has seven days to vacate the rental unit. However, the lesser-known fact is that the tenant has another option within that seven-day window: to file an appeal to the local Circuit Court. Step One: Notice of Appeal In order to file an appeal, a tenant needs only to file a written document with the court notifying the court that he wishes to appeal the eviction and pay an appeal fee. This appeal fee can be waived by...

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Dealing with Public Nuisance Ordinances

Posted by Stephen Marshall on

Dealing with Public Nuisance Ordinances

“This can’t be happening!”, John said, as he opened the mail and read the letter inside. John and his wife, Becky, had just endured a rough few months with their last tenants. The tenants had gotten arrested a few months ago for Possession of Marijuana. John and Becky learned of the arrested when they received a letter one day from the local police department that was titled Public Nuisance Warning. The letter notified them of the arrest of their tenants and told them that if it happened more than twice in year that they could be fined and their property...

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