When a Resident Fails to Pay Rent During Covid-19
Can I send a notice to vacate or file an eviction ? |
Can I charge late fees or other charges related to nonpayment of rent ? |
Can I charge other fees unrelated to nonpayment of rent ? |
Yes |
Is Your Property Subject to the CARES Act ?
No I don ’ t know
Yes
YES , you can send a notice to vacate ( for any reason ), file an eviction and charge late fees subject to state , county or city orders , ordinances or rules
Are you a “ covered property ”?
NO , you cannot send a notice to vacate , file an eviction or charge late fees until July 25 , 2020 ( Notice to vacate must then have 30-day notice when delivered after the 24th of July )
Private Equity / Owner Financed |
I don ’ t know |
Financed by federally backed multifamily mortgage loan or federally backed mortgage loan
( Fannie Mae or Freddie Mac )
|
Subject to VAWA including Tax Credit / Section 8 / LURA / Bond |
Rural housing voucher program
Other * ( check link below )
|
No |
Ask your supervisor , owner , risk mgmt . dept . or attorney |
Yes |
|
|
Please note : This flow chart is designed to give a general overview of how the CARES Act affects an eviction for nonpayment of rent . It is not intended to address any particular facts , situations or circumstances . This flow chart should not be relied on as a legal guideline . Before a notice to vacate is given and before an eviction is filed , you should consult with the appropriate professionals to determine the correct course of action .
* https :// nlihc . org / federal-moratoriums The data found in this link is a list ( provided by the National Low Income Housing Coalition ) of multifamily properties with 5 or more units covered by the federal eviction moratorium . “ The list includes HUD-assisted and USDA-assisted affordable rental properties , Low Income Housing Tax Credit properties , FHA-insured multifamily mortgages , and securitized multifamily mortgages from Fannie Mae and Freddie Mac . The property list is not comprehensive in that it does not include properties of less than 5 units and does not include non-securitized Fannie Mae and Freddie Mac mortgages .”