COVID-19 Housing FAQs

COVID-19 Housing FAQs

WHAT IS THE PROCESS FOR EVICTION?

IF A RENTER or LESSEE
(1) does not pay rent
(2) does not follow terms of the lease
(3) fails to maintain unit in a healthy or safe manner
(4) abandons the rental unit

WHAT NOTICE MUST BE GIVEN TO EVICT A RENTER?

FOR NONPAYMENT OF RENT, a landlord must give a 5 (five) day written notice to pay rent
BUT
If a 5- day due date is already in the lease, then no other written notice is required

FOR VIOLATION OF THE LEASE, a landlord must give 14 (fourteen) days written notice to renter
which states what terms the renter has violated and gives
renter that time period to correct the violation
FOR ENGAGING IN A CRIMINAL ACTIVITY ON THE PREMISES, a landlord can give a QUIT NOTICE
and terminate a rental immediately and file eviction papers

WHAT HAPPENS IF RENTER CORRECTS THE VIOLATION?

Landlord cannot continue the eviction process.

WHAT NOTICE IS REQUIRED IF THERE IS NO LEASE or IF YOU RENT MONTH TO MONTH?

A landlord must give 30 (thirty) days written notice to renter

WHAT NOTICE IS REQUIRED IF RENTER RENTS WEEK TO WEEK?

A landlord must give 7 (seven) days’ notice to renter

WHAT HAPPENS NEXT IF THE RENT IS NOT PAID OR THE VIOLATION IS NOT CORRECTED?

A landlord can file an Eviction Notice with the local Magistrate

THEN WHAT?
Renter is served with the Eviction Notice

WHAT SHOULD RENTER DO AFTER SERVICE?

Get legal advice

File an Answer to the Eviction Notice within 10 (TEN) DAYS

Attend the scheduled hearing before the Magistrate

WHAT CAN THE RENTER USE AS A DEFENSE TO EVICTION?

Payment of rent if the renter has not been paying rent

The landlord has not maintained the property in a healthy and safe condition

If the landlord files for eviction because renter has asked for repairs which the landlord has not performed

ARE THERE ANY PROTECTIONS FOR NONPAYMENT OF RENT DURING COVID?

Yes, but you still must try to pay your rent.

There is a Moratorium until January 31, 2021, which may be extended BUT you must submit to landlord and magistrate

(1) a DECLARATION FORM that you cannot pay rent because of effects of COVID,

(2) seek forms of rental assistance,

(3) that you will make an effort to pay partial rent,

(4) and that you would become homeless if you are not given relief.

IF THERE IS MORE THAN ONE RENTER, WHO FILLS OUT DECLARATION FORM?

Both/All renters must complete the Declaration Form