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Home / Tips and Tricks / Is there a rent stop in June and can landlords evict tenants? Laws, late fees and what to do

Is there a rent stop in June and can landlords evict tenants? Laws, late fees and what to do

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With millions of people's finances disrupted by the coronavirus pandemic, renters may have difficulty paying rent. But resources are available to help.

James Martin / CNET

Visit the WHO website for the latest news and information on the coronavirus pandemic.

The lease term of June 1 is imminent. For the millions of Americans who are out of work, pressing questions about renting are inevitable. Is there some leeway if you can't pay in June, July or August and are you evicted? What resources and protections are available to help you stay home during the financial crisis caused by the coronavirus pandemic ?

The current economic downturn has caused a wave of rent freezes (when a government bans rent collection) and rent strikes (when tenants work together to stop paying rent). Meanwhile, calls for a federal cancellation of rent and mortgage payments while the pandemic is on have gotten louder.

"The hardships caused by the outbreak don't end soon," said Doug Bibby, president of the National Multifamily Housing Council, which tracks payments in 11.4 million professionally managed apartments in the United States.

Despite the challenges families faced, Bibby emphasized a relatively stable rental situation last month. As of May 27, 93.3% of apartment renters in the US had made full or partial payments, according to the NMHC report.

"Every week we see new evidence that Americans prioritize rent and that the companies that have work apartments to create flexible payment plans pay dividends," said Bibby, adding support for the kind of assistance from national renters such as described in the Heroes Act (PDF.) The bill also proposes a second incentive payment of $ 1200 for individuals and is now before the Senate.

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Some government measures have already been taken. There is the extended federal tax term the stimulus controls and the suspension of evictions and executions by the United States Department of Housing and Urban Development . But it's not always clear which laws apply to you and which don't – or which an unscrupulous landlord might ignore.

Regulations vary from state to state and from city to city, so there is no one-size-fits-all solution for anyone struggling to make rent. That's frustrating, but there are ways to find out which protections apply to you. Here's how to determine which laws cover tenants in your area, and how to approach your landlord once you're armed with that information.

First, see if your rent is covered by the CARES Act

The federal CARES Act provides the broadest and strongest protection to renters. It temporarily prohibits evictions and late fees until July 25. It also requires 30 days' notice before you can be evicted.

So the fastest your landlord may ask you to leave is July 25, and the fastest that can file an eviction to force you to leave is August 24. Nor can they charge you late fees until July 25. The HEROES Act, recently passed in the House but pending a Senate vote, would extend this protection for another eight months.]

This section is particularly important. The protection described in the CARES Act applies only to properties that receive federal funds and / or are funded under a federal program such as Fannie Mae or Freddie Mac. This is where things get tricky. If your landlord plainly owns your building and does not receive government support like Section 8 money, the CARES Act does not apply to your situation.

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Worried about renting? You are not alone.

Josh Miller / CNET

If you rent a single-family home or an apartment in a building with four or fewer homes, it will be very difficult to determine whether this law applies to you. But if you live in a multi-family home with five or more units, you're in luck, because there is a tool published by the National Low Income Housing Association designed to tell you if the property you live in is covered by CARES law. Just enter your zip code and browse the list of properties looking for yours. (Our computer's utility to search within the page did not work for us, so scrolling is.)

However, there is another wrinkle. Just because yours isn't listed doesn't mean it isn't covered either – the tool only tracks properties with five or more units. This means that if you rent a single-family home or an apartment in a building with four or fewer residential units, even if the property is subject to CARES law, it should not be listed here. We are still looking for resources to help you determine if your single family, duplex or quad plex rental is governed by law and will update this story as we find more information.

Other online tools that can help you find resources

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DoNotPay offers a variety of legal services, including financial help from the coronavirus pandemic.

Screenshot by Dale Smith / CNET

The online legal services chatbot on DoNotPay.com has recently added a coronavirus financial resource that the company claims will identify which of the laws, regulations, and measures related to rentals and evictions on you apply, based on your place.

DoNotPay will also prepare a letter on your behalf and send it to your landlord requesting that you defer payment or waive late fees. Here is how to create an account and use the DoNotPay chatbot .

Nonprofit website 211.org connects people who need help with vital community services in their area. It has also recently set up a pandemic assistance portal. If you're having issues with your food budget or paying for your housing bills, you can use 211.org online search or call 211 on your phone to talk to someone who can help.

Another non-profit organization, JustShelter.org, connects evicted tenants with local organizations that can help them stay at home or, at worst, find emergency homes.

Find your specific state and local resources

The legal services website Nolo.com has a list of states that have and have not adopted emergency bans on evictions. It contains links to the resolutions published by the states themselves. TheDailyBeast maintains a similar list. Protections range from almost none at all to wide and wide, so you want to know exactly what the situation is at your location.

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Protesters protest evictions in San Francisco.

James Martin / CNET

Many state governments across the country have suspended evictions for up to 90 days, including New York, Arizona and California. Residents of Los Angeles will have up to a year after the end of the city's state of emergency (whenever that may be) to make up the rent they couldn't afford during the pandemic – with no late fees. a loophole to delay eviction

Even if you do not live in an area subject to an eviction ban, some districts across the country have suspended judicial proceedings during the pandemic, meaning landlords will be temporarily unable to deport the court. Political Encyclopedia Ballotpedia.org has an updated list of regional judicial closings. Legal news service Law360.com maintains a similar list

In Georgia, for example, where residents request the governor to suspend rent payments, the state's Supreme Court recently ordered the state courts to shut down all but essential functions. Courts can open to issue arrest warrants and restraining orders, but evictions are not covered by those guidelines.

In addition, some departments of the county sheriff – usually the law enforcement agency charged with the deportation order – have taken on the task of stopping serving evictions, as was the case last month in Seattle used to be. It may be worth calling the office of your local sheriff if you cannot show information online, but you will also want to consult a local real estate lawyer to understand how the laws in your area apply to your situation. [19659017] Ask your landlord for a discount or extension

In almost all cases, it is probably best, if possible, to work out an arrangement with your landlord or leasing agency. While some landlords have responded to the pandemic by allegedly putting tenants under even more pressure to pay, others have joined and some even went as far as to stop rent payments for the coming months.

approaching your landlord to see if they can lower your rent in the coming months, or let you spread the payments for the rent in the coming months over the next year. As tenants across the country begin to organize rent strikes and more and more community leaders are pushing for rental freezes, your landlord may prefer such an arrangement over no rent at all.

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If you don't have enough money to cover the rent, first check what protection is in your region is available and then consider working out a payment arrangement with your landlord

Angela Lang / CNET

Be wary of landlords who make excessive demands. For example, some ask renters to convert their $ 1,200 incentive check or money they received from a charity as a condition of not filing an eviction notice. Do not agree to unreasonable terms or conditions that you cannot meet, especially if your city or state has made protection against such arrangements.

If you are concerned about your financial situation today, consider these 28 ways to save money during the pandemic and get free financial advice from these six organizations . And if you are one of the millions of Americans who have received a stimulus check of $ 1,200, you should spend it wisely .

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