Eviction Cease Vulnerabilities to Look For – FindLaw

Grungy old door with yellow eviction notice

In September, the Centers for Disease Control and Prevention (CDC) announced a nationwide evacuation halt to curb the spread of COVID-19 and help people experiencing job losses due to the pandemic to stay home.

However, many tenants have found that the process of proving financial hardship and providing written notice to a landlord is not as simple as it seems. Here are some common morphing problems and loopholes that you should look for to give you the best chance at staying in your home.

No notice required

If you earn less than $ 99,000 a year (or $ 198,000 for husbands), lose their paychecks due to the pandemic, and have already exhausted other government assistance options, you can apply for an exemption from eviction. Fill out a form on the CDC website And submit it to the property owner.

To qualify for CDC eviction protection, you must also make partial rental payments to the best of your ability. Documenting these payments to the landlord may be a major factor in ensuring your protection from eviction.

Landlords are not required To notify the tenants that the CDC endowment exists or to inform them how to apply for it. If you are seeking an exemption from eviction, be sure to keep copies of the advertisement and prove that you provided it to your landlord should it appear in the eviction court hearing.

Go to court

The wording of the order is somewhat vague, and the final decision in eviction cases often leaves it to how local judges interpret the order. Some states, such as Maryland, are still hearing cases but have postponed the actual implementation of the evictions. In other states, judgments are made on an individual basis, and tenants can still be evicted even after CDC papers are filed.

If your case goes to court, you may be concerned about proving financial hardship, particularly as a result of the pandemic. Even if you feel you may not be able to prove the suffering, you can still fill out the advertisement and try to present your case.

Other reasons for eviction

The CDC procedure has one big loophole: it only prevents evictions due to non-payment of rent. If you are evicted for other reasons, or if your lease has not been renewed, the CDC declaration will likely not apply to you.

Millions of American citizens have lost their jobs since the pandemic, and keeping up with news of stimulus packages and rent relief can help you make sure your rights are protected. Regardless of your individual situation, a tenant rights attorney may be able to help you navigate the court system and protect your home.

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