Articles — eviction

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...

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...