楼主 (文学城)
Clarification on Federal Eviction Moratorium Extension - Last Saturday, President Trump issued an Executive Order related to evictions and providing monetary assistance to renters. However, the Executive Order does NOT reinstate the moratorium on evictions. It does direct various executive officials to look at ways to assist renters and curb evictions. It is likely that the President does not have the authority to reinstate the moratorium. It will take an act of Congress to do that. President Trump’s actions will have the effect of making Congress move more quickly to pass some type of legislation. As a result of the Executive Order, it is likely that the existing stalemate between the parties will diminish and some compromise will be reached. This may expedite the process and legislation may be passed quickly. Whether that legislation will have any eviction moratorium or what eviction relief will look like is yet to be seen. The CARES Act moratorium did not stop evictions in progress. It merely stopped new filings. Hopefully, whatever is passed will follow the same path. That makes it a critical decision on management to determine what cases should be filed and how quickly. It is our advice to get cases filed in advance of the possible new moratorium. That will at least give options on how to deal with past due tenants. It is also our advice to serve End of Term notices to those tenants you desire not to renew, if you have not already done so. The currently filed cases have not progressed sufficiently for the Courts to establish what they are going to do. Hopefully, the cases will move forward as they did prior to the moratorium. If there is any indication to the contrary, information will be forwarded. It is our advice to continue to serve appropriate notices based upon non-payment of rent and end of term.