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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.

Landlords -- it is a good idea to keep these rules in mind. Obviously, if you want to have a good relationship with your tenant, you will operate in a humane, kind fashion when they're in distress.

But if push comes to shove, these are the rules, and knowledge is power.

And tenants -- you must especially keep these rules in mind. If you need the help, play the game the right way.

Further, per the rule, tenants may not 1) "damage property or pose a threat to the health or safety of neighbors" 2) pay nothing 3) ignore the rules above or 4) fail to file the right form with their landlord and still expect that the eviction stay will cover you.

So, that's the real-world bottom line on this stuff.

Check with your tax professional for advice.

To your family's lasting financial and emotional peace.

BE THE ROAR not the echo®

Warmly, 

Janet Behm
Utah Real Estate Accountants
(801) 278-2700



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