Wait, let’s first take out a moment to thank the LORD 🙌 for the bit of additional relief recently provided through the Executive Order that has now been signed, that extended the Eviction Moratorium to March 31st… BUT did you know that the eviction protection is NOT automatic?
You did see the headlines and news stories correctly – that Biden’s Executive Order did indeed extend the Eviction Moratorium – but please be aware that activation of the protection is required through completion and submission of the CDC Eviction Protection Declaration Form to the landlord. Here is a link to the Form, which is required to be completed by every adult household member – each member has to fill out the form and submit it to the landlord or leasing agency, and must qualify based upon the declarations indicated on the form. Click here for a video podcast where I review the entire form in detail AND also cover some very very (did I say very?) important points that are critical to understand to prevent a legal eviction – even with the eviction moratorium in place – which unfortunately some apparently are experiencing.
The CDC Declaration Form indicates that completing the Form is considered sworn testimony, and the person completing the Form can be fined, prosecuted, or imprisoned for false or misleading information on the Form (wow, yikes! Nothing to play around with!).
Please also be aware that one of the requirements is that you declare that you still will make best efforts to make timely partial payments that are as close to the full payment as possible – as your circumstances permit. Also full payment may be required at the end of the moratorium, unless you’re able to successfully make other arrangements. So that is something to keep in mind and work on a plan now. So, to assist you, I’ve posted a few relatively easy savings challenges – The 5 Dolla Holla Savings Challenge is what I called it, you can view here to help you set aside a few dollars at a time that can aid in making some form of arrangements to pay that lump sum with your landlord when the time comes in a few months. Please consult with a legal aid to learn about your rights as a tenant and concerning what is considered reasonable and legal as far as any payment arrangements.
Another requirement is that you declare that you have used all best efforts to obtain all government assistance. So, please click here to view various pandemic housing and budgeting resources that may be of some immediate assistance. Please discuss your personal situation with a state agency representative or community specialist in your particular area.
The Eviction Moratorium does NOT protect anyone for evictions related to reasons other than non-payment of rent. Landlords who have successfully evicted tenants regardless of the Eviction Moratorium have been successful by proving the tenant violated other provisions in the lease agreement.
So this probably isn’t the time for even a small house party (noise ordinance and COVID, ijs), as the not so understanding landlord – who may be under their own level of financial stress at this point due to multiple non-payments – may want to use another provision in your leasing agreement, and the court could legally allow them to do so, because that is not related to your ability to pay rent. So this really is the time for L-7 Square Biz level tenant behavior, let’s be real (pull out that leasing agreement and become besties!)
And while I’m acting like Mother-May-I, I’ll make one last point: which is that a landlord maintains the right to decide to challenge any information provided on the declaration form in court, and can legally obtain a hearing to do so – so that means during the Moratorium with the Declaration Form completed you could still end up in court regarding your rent (which is so not cool – I’m not sure what definition of Moratorium was considered when coming up with the rules, like seriously, people are going through enough); and if it is found that the information is either not so truthful or is missing some information, an eviction judgment may still be obtained – so the form should be completed accurately by all involved to protect yourselves.
Check out my video podcast for more details, and please share this post with someone else who may need this information (please pay it forward). And whatever you’re facing, please know that the Lord has not forgotten about you!
“Cast all your anxiety on Him, because He cares for you” (1 Peter 5:7).
Don’t give up hope, good news is coming. And remember, we are all essential – and that includes YOU!
I’ll talk to you again soon!
Shelly