Articles — eviction notice

More Proposed Legislation for Landlords

Posted by Stephen Marshall on

More Proposed Legislation for Landlords

MORE PROPOSED LANDLORD LEGISLATION There’s been a flurry of activity at our state legislature recently, with several new bills being filed that would impact the rental industry. Several of them repetitive, mirroring bills already filed in the other legislative chamber. And most of them are bad. Let’s take a look. LEGISLATIVE UPDATE  Senate Bill 289 – This bill is sponsored by Senator Reggie Thomas from Lexington. It would allow tenants to expunge any eviction judgment based on nonpayment of rent during the Covid-19 pandemic, beginning March 6, 2020. You can read the bill at this link. Senate Bill 357 –...

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A Refresher and Update on Evictions

Posted by Stephen Marshall on

A Refresher and Update on Evictions

A NEW YEAR’S PRIMER ON EVICTIONS  Happy New Year, everyone. It’s always good to see a new year because it means you’re still in the game.  At the beginning of each year, I like to do a refresher course on evictions, but rising Covid numbers has put a damper on that. I may do it later in the year. But I wanted to put a few reminders out that will help make your eviction cases more successful.  PAY ATTENTION TO YOUR NOTICES  Evictions are all about getting the details right, and that starts with your notices.  Get the names and...

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The Supreme Court Ends the CDC Eviction Moratorium

Posted by Stephen Marshall on

The Supreme Court Ends the CDC Eviction Moratorium

THE US SUPREME COURT STRIKES DOWN THE CDC EVICTION MORATORIUM  In late July, I told you that the CDC eviction moratorium was set to expire on July 31 unless Congress renewed it. And it did expire. For three days. On August 3, the CDC issued a new moratorium that they claimed was “targeted” and “limited”, even though it still applied to 90% of tenants. But yesterday, almost one year after the CDC instituted its eviction moratorium, the United States Supreme Court, the highest court in the land, effectively struck it down. To read the Supreme Court’s opinion, click here.  THE...

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The CDC Eviction Moratorium is Expiring

Posted by Stephen Marshall on

The CDC Eviction Moratorium is Expiring

The President announced today that the CDC will allow its eviction moratorium to expire, due largely to the court rulings that they have no statutory authority for the moratorium. Still, the President called on Congress to take action to extend the moratorium further. There's a lot that we don't know about how things will play out. Check out the video to find out where things stand right now on evictions, rental assistance, and notices to give for non-payment of rent. One thing I forgot to include in the video is that the National Apartment Association is filing a lawsuit against...

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New HUD Guidance on CARES Act Notices

Posted by Stephen Marshall on

New HUD Guidance on CARES Act Notices

THE CARES ACT - RESURRECTED?  In my March 1 update, I told you about a new rule issued by the Kentucky Supreme Court that allowed evictions throughout the state to move forward as of April 1 without regard to the CARES Act. Verification Forms are no longer required and the Court made no mention of issuing 30-day notices at CARES Act properties.   Based on that development, my advice was that CARES Act properties no longer have to issue 30-day notices in Kentucky. However, HUD has apparently gotten wind that numerous states are doing away with the 30-day notice requirement, so...

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