Pandemic Eviction Restrictions – Updated January 2021

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Pandemic Eviction Restrictions – Updated January 2021

1. The CDC has issued an Order halting evictions that requires your tenant give you a very specific affidavit outlining how they have tried to pay rent to avoid being evicted. If your tenant has not provided you with an affidavit under this Order, it does not apply to you. If your tenant has given you the affidavit, we can file the lawsuit, but it will likely be abated until the moratorium expires. This Order has been extended to January 31st, 2021.

2. The Federal Housing Administration (FHA) has extended its eviction moratorium through February 28th, 2021, for all properties with FHA-insured Single Family mortgages, see Mortgagee Letter 2020-27.

3. Section 4024 of the CARES Act still requires a 30 day notice to vacate before an eviction may be filed to remove tenant from a “covered dwelling”. The 120 day moratorium imposed by the Act has expired, but the notice restriction does not have an expiration date and will apply to all “covered dwellings” until the Act is amended. 

All of these restrictions are applicable as of January 1st, 2021, or the date noted above. Any of them may be extended depending on the further impacts of the pandemic.

Also, please note that the large volume of evictions expected may increase the time for the Clerks and Courts to process eviction cases. It looks like it may take a while for the process of regaining possession of real property to normalize, but we are staying up to date on what we can and can’t do and will help you with the process. We know many of our clients have not received rent from some of their tenants in several months and are anxious to get the process started. We are here to help you get started and to help with any questions you may have. 

Even if your property is covered by one of the restrictions, we suggest you do what you can to begin the process to ensure your rights are protected so we can move forward as quickly as possible when the restrictions are lifted. Please contact us at 407-792-5659 or attorneys@warrenskaggs.com to get more information about started an eviction.