The Coronavirus Aid, Relief and Economic Security Act put a temporary halt to certain residential evictions from covered dwellings for non-payment of rent for 120 days, starting March 27. It also stopped landlords from issuing notices to vacate for non-payment of rent during that time. This period ended July 24.
Landlords for covered properties can now send notices to vacate for non-payment of rent, but they must give the tenant 30 days’ notice.
Evictions not based on non-payment of rent can proceed as normal. A 30-day notice is not required. Landlords will still have to comply with statutory notices, unless they were waived in the lease agreement.
Before sending a notice to vacate for non-payment, keep in mind:
There is still a lot of uncertainty regarding whether the president or Congress will renew or extend the eviction ban as part of the next coronavirus relief package. This past weekend, the president issued several executive orders related to coronavirus relief, but these do not ban evictions. One order instructs the Department of Health and Human Services and the Centers for Disease Control and Prevention to consider whether an additional eviction ban is needed. Phelps will continue to monitor this issue as it evolves and provide updates.
Please contact Amanda Messa or any other member of Phelps’ Real Estate team if you have questions or need compliance advice and guidance. For more information related to COVID-19, please also see Phelps’ COVID-19: Client Resource Portal.