The CDC has issued an order and landlords are not supposed to evict tenants. The ban was supposed to end on December 31, 2020; however, it has been extended for three more months.

To qualify for the CDC eviction ban, a tenant should meet a particular criterion. The ban does not apply automatically to each tenant. It is in the form of a signed declaration that should be presented to the Salinas landlord.

The eviction ban came into play on September 4, 2020. The tenants and landlords are currently confused regarding the details of the CDC eviction ban. The order has also been misinterpreted by the judges and tenants who qualify for the CDC eviction ban have been evicted from their homes.

In October 2020, a guiding document was issued by the federal agencies, and it was meant to address the questions tenants and landlords have regarding the ban. The document has clarified many issues regarding the ban, and more questions have come about in the process. Landlords and tenants are worried about how the CDC eviction ban will be carried out and how it will be handled in each state and the courts.

Tenants should have a declaration that will allow them to claim protection under the ban effected by the CDC. The form has detailed instructions on how to determine whether the tenant is eligible for protection and how the form is supposed to be filled. Also, you will be guided on how to issue it to the landlord.

Below are the main questions that landlords and tenants have regarding the ban and property management:

A tenant is evicted by a judge despite qualifying for the CDC eviction ban. Which is the way forward?

When a person loses a court battle, and the issue revolved around property management, it is possible to file an appeal. The CDC does not have an appeal process, which means the tenants are supposed to rely on the appeal process in their state to challenge the verdict by the judge. File the required notice at the court. You should seek professional help from an attorney if possible.

The main issue is whether the eviction can be postponed by the trial judge as your case progresses through the appellate court. It is rare for a judge to rule in favor of the tenant since the issue, in this case, is non-payment. However, the judge may rule in your favor given the circumstances around the CDC eviction ban and current pandemic.

The guidelines released by the CDC in October recommend that if a tenant wants to appeal the decision by the judge, it is advisable to liaise with a private attorney to get the assistance they need.

After a tenant presents the CDC eviction ban declaration, are they eligible to stop paying rent?

In the CDC eviction ban, the tenants should state that they are working hard to clear the arrears. Other expenses are also taken into consideration.

If a tenant cannot pay rent as per current circumstances, they may not be tasked with paying rent until a more reasonable time. If the tenant can make partial payments and still put food on his or her table and purchase medicine, the landlord should allow so.

The Salinas landlord or property management agent is entitled to the whole amount and any fees as stated in the rental agreement. When the CDC’s eviction ban comes to an end, the Salinas landlord can evict the tenant and file a lawsuit demanding the whole amount owed as rent.

Can a landlord evict a tenant based on other issues apart from nonpayment of rent, even the tenants qualifying for the eviction ban by the CDC?

The CDC eviction ban states that a tenant can be evicted by a Salinas landlord for the following reasons:

  • When they pose a health threat to the other residents in the apartments (if a tenant has COVID-19 or similar symptoms, they should take the necessary precautions to ensure the disease is not spreading since they pose a health risk to other people)
  • Partaking in criminal activity while residing in the rental property
  • Violating the applicable health ordinance, building codes, or other regulations that relate to health and safety
  • Damaging the rental property or posing a significant risk
  • Violating the obligations present in the contract, including failing to pay the penalties and fees.

 

Is there any relief for a Salinas Landlord who is not in a position to evict a tenant because of the eviction ban by the CDC?

Unfortunately, for the property management experts and landlords, the government did not avail any funds for the individuals who are not receiving rent from their tenants. A landlord who relies on the monthly rent to cater to the mortgage payments is eligible for the mortgage forbearance. The landlords hit hard by financial hardships are supposed to get in touch with mortgage lenders and ask whether they can get mortgage relief.

Foreclosures have also been banned in some states. Although the loss of property is delayed in such instances, the issue being faced by the landlords will become a significant problem later because of the interest, late fees, and different charges put forth by the lender.

If dealing with tenant eviction all by yourself is too confusing or exhausting, consider hiring a full-service property management firm like Coast & Valley. This will allow you to relax and focus on your investment property without worrying about the hassle of tenant management. Coast & Valley will offer the same level of care and concern for your property as you, the landlord, would.