Articles — evictions

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...

Hey gang. Hope you’re doing well as we close out 2020 and start our new year. I wanted to give an update on where things stand right now.  New COVID-Relief Package  As most of you know, Congress passed and the President ultimately signed a new relief package. While the details of individual payments are still a bit fluid, here’s what we know about the rental issues in the package:  The Bad News - The CDC Eviction Moratorium has been extended through January 31, 2021. This means that any eviction cases that were continued from 2020 into January 2021 will likely...

Governor’s Executive Order As most of you know, for the first time in a long time, the Governor issued a new Executive Order yesterday with mandates. The Governor’s most recent mode of operation had been to issue recommendations, rather than mandates, but yesterday’s order was a mandate. You can read the entire order here. Fortunately, there’s not much in the order that will affect the rental industry. Most property management offices have been deemed to be essential services, so I do not believe that the 33% office requirement applies to you. However, I do think you’ll need to reduce capacity...

I have two announcements today, both for Fayette County folks, and a Fair Housing update. JURY TRIALS POSTPONED First, all jury trials in Fayette County have been postponed until February. So, if you have a forcible detainer jury trial scheduled for November, December, or January, it has been postponed and you will get a new court date. NO IN-PERSON EVICTIONS DURING NOVEMBER Second, evictions in Fayette County will be done remotely during the month of November. That means if you have an eviction scheduled this month, you will need to contact the Fayette District Judges’ Office at (859) 246-2247 within...

In my last update I talked about how to deal with tenants who come to you with partial payments. If you didn’t see that post, click here to check it out. Today I’m here to talk about some recent guidance from the CDC about their eviction moratorium, as it gives us a little more clarity on how things may be done. A joint group consisting of the CDC, the Department of Health & Human Services, HUD, and the Department of Justice issued a response to Frequently Asked Questions about the CDC Temporary Eviction Moratorium. I saw no surprises in their positions,...