Some folks here were pretty panicked by the CDC eviction moratorium issued yesterday. I get it: the sweeping nature of it makes it seem like the worst thing since unsliced bread.

But if you take the time to read up on what it actually says, you will likely find many of your fears calmed.

Step 1: Get the knowledge Resource: leadingage.org/regulation/cdc-issues-federal-eviction-moratorium-through-end-year

Now that you know what is actually going on, it's time to take Step 2 and apply that knowledge. You can still evict for lease violations like damages, excessive guests, drug use, other criminal acts, hassling other tenants, etc. The ONLY type of eviction forbidden is flat out non-payment of rent.

What does that mean? It means you still have a LOT of leeway to take your property back if needed. For example, I see nothing in this ruling that would forbid ending a lease agreement via non-renewal. Non-renewal has nothing to do with non-payment of rent. Ask your lawyer to be sure, but that's how I read it.

I think we all know that if you have a good lease, odds are your tenant is violating some part of it. Maybe they occasionally smoke inside. Maybe they have an extra pet. Maybe boyfriend moved in and isn't on the lease. 1, 2, 3 fully justified evictions.

Maybe there is a hole in the wall. Property damage. Evict as normal.

We overlook a lot of things because "they're paying the rent." Well....not that they AREN'T paying the rent, it's time to stop overlooking things. Clean up your policies and procedures, go do some inspections, and clean house when needed.

Again I think it all goes back to screening though. Any time the Govt makes it harder to kick people out for ANY reason, we have to be smarter about who we let in. I only take the best tenants in the Class C pool of applicants because even in good times evictions are still too costly. I need people who have a good reputation and who value that, so that when something like this happens they still have their reputation to protect. Yeah, it's harder to find those folks in Class C, but they do exist. Class B or A land lords, this should be easy for you!

Bottom line: I think the only LLs who will have a lot of problems with these regulations are the LLs who do not get informed, who do not regularly inspect their properties, and who are not diligently screening. Yes, it is Govt overreach. Yes, it could get worse. But this is how it stands today. Act on that.

Last night when I read it I was really pissed. The more I have thought through it, reality sets in. While I don't like the government overreach because we are seeing more and more of it, concerning on many fronts. I am also somewhat disheartened that the Pres is caving, but honestly it could have been worse with others in charge.

The reality is most people that have screened well will continue to pay, a post on this site a few weeks ago confirmed that for me. It's 4 months (really 3 since September should be in the bank) and the election will be over then and likely a vaccine rolling out so hopefully it won't be extended. The wording is vague on parts and they left other options so there are ways to skin the cat if necessary. The only thing left to do is to fully understand the nuances and come up with effective ways to operate as I need to. Oh, and raise heck with all of my elected officials that allowed this as a matter of courtesy to my children and grand children.

I'm actually going to embrace the CDC form. Maybe incorporate it into life as we know it going forward.

Instead of having a tenant tell me their grandfather died for the third time and somehow only he alone had the cash to bury him again, this CDC form will be settled science and subject to perjury complaints if used.

Great idea WMH ! How can it be turned to our advantage?

Sid, I agree with most of what you say...but do you really think a judge would allow eviction for a hole in the wall?

For example, let's say you find such a hole and tell the tenant. They do everything right...they agree in writing to either fix it or allow a contractor to come in and fix it...and pay for it. In that case, would a judge allow you to evict?

You might say "how could they pay for it if they are not paying the rent"...but maybe they DO have the $80 to fix a hole in the wall but not the entire $800 in rent.

I read how one attorney is actually cautioning tenants before signing the CDC form. Part of his take is that tenants must, among other things, prove they’ve lost income due to the pandemic and that they’ve applied for government assistance to pay rent...

I have downloaded the form and I'm working on modifying it for future use. I haven't had this happen in a long time, but it still could: Tenant calls, can't pay rent this month for (insert reason here) and needs time.

My response may be something like, 'In order to accommodate your request, we will need you to complete our "Request for Extension of Time to Pay Rent" form (or some such title.)

Then they will have to answer most of the questions on the CDC form. I will of course modify the form so I am not plagiarizing it, but the questions are easily modified.

Jeffery, to quote.

"If a tenant lies about any of the five requirements, they could be charged with perjury, which carries a penalty of up to five years in prison".

Jeffery? can I stop laughing now? My planet is South Georgia and my clients aren't VA beach sunbathers or military. We deal with tenants that have 20 or 30 Antifa signs in the yard. I don't know about the majority of tenants out there but I would venture 99% will have no problem fabricating IN THERE MIND" THAT IT'S NOT REALLY LYING when you don't pay the rent-- and it's certainly not STEALING!

Yeah, most tenants would probably not be scared of the perjury punishment - I would be shocked if a judge ever punished a tenant for lying.

I really liked the idea shared on the NREIA discussion online.

Don't sue for possession (eviction), just sue for debt owed.

At least you know where to serve them!

Garnish their wages/seize bank $, etc - while they still live there.

Myob, somehow I can hear you laughing all the way up here:)

As you probably know, my goal in sharing ideas is to offer as many as I can, so that landlords will have more than one way to survive and succeed. While that strategy may not work for most if not all of your residents, there may be a landlord who can benefit from it. By the way, the attorney who brought up the point is in Maryland.

One landlord after hearing the idea, said that he would start mentioning the penalty as part of his email signature when communicating with all his residents in hopes it may affect the future behavior of one or two of them.

Adapt or Die

0r Aglapt or Glie for those at Convention a few years ago!

MY proactive plan for Tuesday morning:

I am taking the CDC questionnaire and making my own affidavit TELLING the court the res has not complied with each point.

Filing that affidavit on Tuesday to attach to an existing eviction filing, hearing set for 9-14.

Overall I think screening is more important than ever and casual LLs will be hurt.

Jeffery VA beach isn't that far so I'm sure you've heard me many times. To set the record straight -- if I wasn't learning here every day-- I wouldn't be here reading and posting.

When the newbie read some posts though they think gee this LL tenant thing is so easy.

Oath means nothing to so many and I'm not thinking tenants here. There are no consequences for being "found out" that you lied under oath. Just think of the politicians and FBI and Attorney General office staff under oath in front of congress. (Lets not think to hard)

I too am trying to embrace and incorporate the CDC form into the lease and new resident orientation. Let's keep the landlording mastermind juices flowing.

Here's a thought. The CDC wording does not clearly define some of it's wording or phrases. Maybe the lease can be worded to show how the landlord and resident have interpreted and agree to it's meaning. So that the judge will have a clear or agreed upon basis to rule.

I believe Brad likes to talk about how his lease makes the job of his judge easier by utilizing this approach in other areas, like defining and agreement of minimal charges for damages at move-out.

For example one phrase in the CDC form: "I have used best efforts to obtain all available government assistance for rent or housing"

The wording in the lease may read something like:

Resident agrees that I will use my best efforts to obtain all available government assistance if I am unable to pay rent, meaning that at anytime I am unable to pay the rent for whatever reason and I am more than X days late, I will apply for assistance with at least 3 agencies or government assistance or rent relief programs within X days.

Remember, just thinking out loud for the moment...

Likewise with the phrase - "I am using best efforts to make timely partial payments..."

Seems like wording in the lease can be used to help define or give a minimum meaning to what "partial" payments that the landlord and resident can agree to. I am still thinking on this one.

To those reading, no need to jump on this post saying, doesn't matter what you put in the lease..., or will not work in my area blah, blah, blah.. I understand that it may nor work in all circumstances, but let's offer input on what MAY work in your circumstances.

I am just brainstorming here with other landlords who are looking for possible ways to utilize the form so it works for BOTH parties. And, I, like you, know that we should also run any thoughts (and suggestions from this board of advisers:) by an attorney in my area before implementing anything.

Okay, your turn....

Resident agrees to supply to management and the court the list of agency's applied too.

Resident agrees to supply the last 3 pay checks (stubs) to management and the court for submission of rent deferment. (or something similar) we need to know that they have actually taken a hit.

When we offered to work with tenants at the beggining of this we required a letter from tenants employer showing a lay off or blocked hours. Only 1 in 5 did.

Since unemployment is auto deposited-- need to see the most recent bank statements as verification of loss of income.

Preemptive screening, is the very best policy and I agree with a couple of people that if you've done a good job screening and you weren't in a hurry, at this point, you're probably doing very well.

I have one vacant unit that I will not really rent right away.

Simply choice!

Staying in control, is something that all landlords who care about their future. Should do.

Unless you've dealt with DEQ issues and spending hundreds of thousands of dollars or homeland security, I will say that the pandemic is a cakewalk.

It is definitely unfortunate for someone who has problem people as tenants.

Recently I received a call from a tenant of mine. Let me rephrase that of the trust that I am managing for!

They told me that they were going to pay the rent.

I said I'm sorry to hear that, after 9 years. If I tell the owners of the property. There is a very high likelihood that they will sell the property and God help you with with the new landlord/owner will do???

Do yourself a favor and look around at rents in the area! (I think after doing that, they made their decision and decided that what they had was pretty darn good)

Lo and behold, 10 days later I received the full rent!

Sometimes you can plan a worm in someone's head and it can be helpful.

I wish everyone good health and success,

Just be so so glad you are not in California.

They just passed the insane AB3088:

"protected time period" 3-1 to 8-31 and forms to serve.

"transition time period" 9/1 - 1/31/2021 and forms to serve.

Only 25% rent due monthly after 9/1 ; but they have until 1/31 to pay any money due in that period!!!!!

A useless declaration form that tenants sign saying covid issues - but has no teeth.

And ALL our past due rents are now treated as civil debt....removed evicting for non-payment of rent. Rent due is now off the books through March 2021!

We have to go small claims to get that "civil debt" money paid back......

Breath

Breath deep

When there is pain somewhere - there is also opportunity.

If you are having a hard time finding opportunity, what you are really saying is that you are alright not growing more.

As a Notary Public who witnesses signatures on 30 or 40 real estate loans a month in Washington State, I’m finding more and more lenders are offering counseling to those who fall behind on their mortgage payments.

This counseling is not about helping people manage their money better as much as it is about finding out what has caused them to fall behind. These counselors work on finding the kind of assistance that would be available to these delinquent borrowers, based on their eligibility and circumstances.

Hmmmm. Let me think this through.... Resident owes me $7,000, or $10,000 or more from several months of non-payment. With the moratorium in place, this may go on for several more months.

Hmmmmm. Enter a sharp entrepreneur/counselor who may cost me a few hundred bucks. However, money is paid out only if counselor is actually able to help the resident get financial assistance that will be paid directly to the landlord.

Hmmmmmmm. Is such a scenario possible? If it is, should I continue to sit around and merely hope the resident will all of a sudden on their own figure out how to pay me? Because it's no way I am paying for it to help this resident out.....

JKJ, I am here to provide food for thought and to offer to all, who are open to hear, different ways to survive and succeed. Take from the info what you will that may be of help to you.

Strong discussions like this are why I come to the website.