First of all, a landlord is expected to follow all the procedures to evict a tenant. These procedures apply when there is a global pandemic and when there is not.
Even so, the government has formulated some safeguards to save tenants from eviction during the covid-19 lockdown.
Once your landlord fails to follow the right procedures to evict you, it will be charged as a criminal offence.
That is why it is expected for both the tenant and landlord to follow the expected steps. The covid-19 pandemic doesn’t give landlords the right to ignore these procedures or escape the punishment for committing an illegal eviction.
So, yes, your landlord can evict you by following the eviction process if you’re unable to pay your rent. Although, this doesn’t mean that you’ll have to leave the house immediately he orders you to.
If you receive a court summons, then go to the court, and if you’ve been affected by the virus, you night enjoy a 60-day postponement for nonpayment of rent.
- 1 Landlord tenant rights during covid-19
- 2 What does a 60 day notice mean?
- 3 What happens if you don’t give a 60-day notice?
- 4 Why do you have to give 60 days notice?
- 5 How long does a quit notice last?
- 6 What to do if a tenant refuses to move out?
- 7 Can you force a tenant to move out?
- 8 When you get a 60 day notice do you still pay rent?
Landlord tenant rights during covid-19
Thousands of tenants across the US have been unable to pay their rent at the appointed time due to the pandemic. Ontario have fallen behind on rent due to the pandemic.
Facing risk of eviction, many tenants find themselves uncertain about their rights as they struggle to keep their housing. What other options can tenants turn to when they are faced with rent arrears and possible eviction?
What choice do tenants have when they are pressurized with repayment plans with landlords who may use this an opportunity to enforce eviction on them?
What does a 60 day notice mean?
A 60-day eviction notice is a notice from the landlord to the tenant informing them that they are required to leave the property within a specific time(usually two months away at a minimum).
This notice usually gives information to the tenant concerning why their lease is ending, when they need to move out, and how their moving out will be arranged.
It is important to provide this notice as early as possible to tenants to ensure a smooth move out process. Landlords are advised to have a template of this notice at all times, so it will be easier to fill up if the need arises.
What happens if you don’t give a 60-day notice?
When a tenant has no intention of renting your property anymore, he is required to let you know 60 days before the end of the lease date.
If the tenant doesn’t provide the 60 days notice of non-renewal, he is responsible for 60 days of rent, unless the landlord can find another tenant sooner.
For example, if the lease ends by June 30th, the tenant is required to give a 60 day notice on April 30th.
Why do you have to give 60 days notice?
A 60 days notice is intended to alert the landlord on your wish of non-renewal once your lease is over. It is expected that a landlord ask for a 60 day notice in the lease to allow him more time to find a new tenant.
How long does a quit notice last?
A quit notice is a period of time which the landlord is required by law to alert his tenant to vacate his premises.
If the period of time is not stated in the tenancy agreement, a certain period of time can be given depending on the length of tenancy.
- A weekly notice is given to a weekly tenant: The landlord is expected to give the weekly tenant a quit notice, at least a week to the end of his tenancy to vacate the premises.
- A monthly notice is given to a monthly tenant: The landlord is expected to give the monthly tenant a quit notice, at least a month to the end of his tenancy to vacate the premises.
- A quarterly notice is given to a quarterly tenant: The landlord is expected to give the quarterly tenant a quit notice, at least a quarter to the end of his tenancy to vacate the premises.
- A half a year notice is given to a yearly tenant: The landlord is expected to give a quit notice to a yearly tenant, at least six months to the end of the tenancy to vacate the premises.
This means that if a yearly tenant is given quit notice less than six months to the end of his tenancy, it is illegal.
What to do if a tenant refuses to move out?
If the tenant fails to move out at the end of the 60 days notice, or lets you know that they won’t be moving out, you might need to file for eviction.
There are different laws in different states concerning eviction. Some states require you to file for eviction once the 60 days period end, while some states would require you to send another eviction notice to give the tenant three to five days to move out.
If the tenant still doesn’t leave, you are expected to formally file for an eviction. Once the landlord wins the eviction trial, he will be awarded full control of his property once again, and the court will provide documentation to help reinstate that full control.
Can you force a tenant to move out?
A landlord cannot literally force his tenant to move out. Physical denial of access to the property is not advised, as the only way to go about it is the legitimate way.
If the tenant refuses to voluntarily move out, the landlord is expected to file for eviction by leaving it to the law to handle.
When you get a 60 day notice do you still pay rent?
As long as you’re still living in the property, you are obligated to pay rent.
Can I be evicted during COVID in Oregon
The moratorium which was formerly in place for Oregon tenants have expired, but there are still protections for tenants in the pandemic. Oregon’s eviction moratorium ended expired on June 30, 2021.
The official state-wide moratorium for terminations related to nonpayment of rent ended on December 31, 2020. Any tenant who had submitted a written declaration of financial hardship to their landlord had gotten extensions till June 30, 2021.
All tenants, including tenants who had submitted a written declaration are expected to pay the nonpayment balanced that accrued from April 1, 2020 and June 30, 2021 by February 28, 2022.
Can I be evicted during COVID in New York
Tenants in New York have two protections from eviction; Eviction moratorium and ERAP. An eviction moratorium will protect tenants who face financial difficulties from March 2020 till January 15, 2022.
They are required to complete and submit a Hardship Declaration form. This form will protect them regardless of whether they have a pending eviction case.
ERAP is a program for rent assistance that also provides protection to tenants.
Can I be evicted during COVID in Texas
The CDC issued an order preventing residential tenants from eviction due to nonpayment of rent on August 3.
The agency argued that the spread of the Covid virus could be worsened if most people evicted from their homes were made to live in group settings. This order later ended on August 26 by the Supreme Court.
This order only covered those who were unable to pay rent or paid late. Other types of eviction were not protected by the agency.
Tenants now face risk of eviction due to this.
Can I be evicted during COVID in Florida
Since the US Supreme Court ended the CDC eviction moratorium on August 26, Florida tenants are at high risk of eviction. However, they can apply for Emergency Rental Assitance(ERA) immediately.