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New Nationwide Residential Eviction Halt

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On September 1, 2020, the Centers for Disease Control (CDC) ordered a nationwide residential eviction halt in the hopes of decelerating the spread of COVID-19. This recently enacted mandate halts evictions until December 31, 2020 – providing temporary relief to renters who have been negatively impacted by the pandemic. The CDC’s orders came in the wake of President Donald Trump’s Executive Order, released the same day, to protect American homeowners and renters from eviction during the pandemic. The skilled Miami eviction attorneys at Graham Legal, P.A. have outlined the most important highlights from the new order so that you can keep yourself informed. 

About The Eviction Halt 

The eviction halt applies to all states, except for those that already have a moratorium with greater protections. Under the order, renters earning less than $99,000 a year ($198,000 for joint filers) may submit a declaration asserting their eligibly to their landlord so that they are protected from eviction. Properties leased for residential purposes, including single-family, multifamily, and mobile homes are included. It is important to note that this new order does not eliminate renters’ obligation to pay rent. The order also does not preclude charging fees or interest due to nonpayment. 

Eligibilities 

Under the Eviction Ban, qualified renters cannot be evicted by their landlords for late payments. If landlords violate this condition, there will be criminal penalties. Alternative to the CARES Act, the properties do not need to categorize as federally-related. Properties leased for residential purposes, including single-family, multifamily, and mobile homes qualify. 

For those interested in learning more about their eligibility for the Nationwide Residential Eviction Halt, please read a few of the following requirements:

In order to avoid eviction, renters must provide a Declaration to their landlord, proving the following:

  • The renter has exhausted all options for receiving government assistance for renting or housing
  • Either the renter does not expect to earn more than $99,000 a year ($198,000 for joint filers) for 2020, is not required to report any income in 2019, or has received a CARES Act Economic Impact Payment (CDC, https://bit.ly/2GTAg7x)
  • Due to financial hardships during COVID-19, the renter is not able to pay their full rent. Examples of financial hardships include substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses (CDC, https://bit.ly/2GTAg7x)
  • The renter is making an effort to pay a portion of their rent
  • The renter would become homeless if the eviction was granted — or force the individual to move into and live in close quarters in a new congregate or shared living setting— because the individual has no other available housing options. (CDC,  https://bit.ly/2GTAg7x)

Learn More

If you are a renter in Miami-Dade County facing eviction, contact our expert Miami eviction defense attorneys at Graham Legal, P.A. to explore your case and your options. Schedule your free consultation today.

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