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Author: Janet Behm (2 articles found) - Clear Search

What You Should Know About The CDC Eviction Stay

Utah Real Estate Investors Association

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“Do not do to others what angers you if done to you by others.” -Socrates

So yes, this is real, and it is happening.

But it's also not something that means "instant apocalypse" for landlords, nor does it mean that every renter can simply and legally stop paying rent and " just tap their heels together three times and..." and pocket it as savings.

That's because, of course, there are caveats, provisos, etc. So, let's dive in...

First of all, the authority the CDC cites to establish this rule is the Public Health Service Act of 1944, which is also being cited in a variety of contexts over the course of the past 6 months.

Might there be legal challenges to this? Oh yes.

But that doesn't mean it's okay to ignore this eviction moratorium. It's on.

Per the ruling, the eviction stay is in place until the end of the year (for now).

But good news/bad news, this doesn't mean that anything goes.

Tenants must:

  • Earn a documentable AGI (Average Gross Income) of less than $99,000 (single) or $198,000 (married filing jointly),
    AND
  • demonstrate they have tried to pay at least some portion of monthly rent,
    AND
  • have suffered income loss or medical expense increases due to COVID-19
    AND
  • have applied for government assistance in some form or fashion,
    AND
  • confirm and document that if they were evicted, they would be homeless or have to go to an unsafe, crowded facility,
    AND
  • file a specific form with the landlord. (If you're a tenant needing to do this, I suggest sending the form by certified mail for legal paper trail purposes.)

So ... if you meet all of these requirements, then you can take advantage of this order.
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Take Action When Your Business' Receivables Are Slowing Down

Utah Real Estate Investors Association

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"Action is the fundamental key to all success." - Pablo Picasso

Many different types of businesses suffer from the problem of accumulated "past due" receivables.

And it's a problem which shouldn't *just* be addressed by "normal means" (calling, pestering, etc.).

The good news is that you don't have to accept the normal status quo -- you can actually change the way the game normally works. How? Well, I suggest that you use tactics similar to those which WON you the sale in the first place: discounts, premiums for advance or prompt payments, and good old multi-step follow-up.

If you do have (or ever develop) a receivables problem, you'll need to take this same sort of aggressive action to clean it up. "Preserving the relationship" with a client who can't (or won't, more likely) pay his bills is of little value.  And, left alone, collection problems tend to get worse, not better.

Even large, long-established corporations can find themselves in trouble with their payables. In that situation, you as a creditor could wait years for your money and then recover only a percentage of it.
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