In this week’s Ask Landlord Hank question, he gives his thoughts on how to get renters to move out so family can move in the time of eviction moratoria and covid-19.
Dear Landlord Hank: I generously gave my current renters three months’ notice in February, as I have family I need to rent to. The tenants were agreeable, but then the virus hit and they hadn’t been looking because they thought they had plenty of time.
They are now refusing to leave, despite having the money to pay rent, saying that there is nothing I can do because of the moratorium. My brother has been affected and needs a place to live as soon as possible. Is there a way I can legally evict them for landlord causes? It sounded like the moratorium potentially could go until August!
Dear Landlady Jennifer,
The Federal Housing Finance Agency recently announced that the eviction moratorium on single-family homes would be extended until June 30, 2020.
This only applies if you have a mortgage held by Fannie Mae or Freddie Mac. “During this national health emergency, no one should be forced from their home,” wrote FHFA Director Mark Calabria. “Extending the foreclosure and eviction moratoriums protects homeowners and renters with an enterprise-backed mortgage, and provides certainty for families.”
All that being said, this is for single-family homes. Do you have a multifamily structure, OR a single-family home with no mortgage or a mortgage NOT held by Fannie Mae or Freddie Mac?
I would contact my local court system and talk to someone there for advice, then call the local sheriff’s department to see if they are enforcing dispossessory actions right now.
Depending upon what you find out, if you don’t get the information you need, then contact an attorney that specializes in landlord-tenant law.
This is a very tough time for all of us right now. The good part of this equation is that you are still receiving your rent on this property.
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