What is the CDC statement? What should I do if my tenant gives me one?
During the COVID-19 pandemic, many other protection measures were provided to tenants. The CDC eviction suspension is one of these protective measures. Tenants can declare that they are eligible for suspension by filling out the CDC statement.
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What is the CDC statement?
The CDC statement is a statement by tenants stating that they have suffered financial hardship due to COVID-19 and are eligible to suspend CDC evictions. The statement is punished on the basis of perjury, which means that if the tenant is on the form, they may be punished.
CDC has released CDC Statement Form A format that the tenant can use, but the tenant is not required to use this specific form. They only need to provide a written statement and are subject to perjury to prove that they meet each eligibility requirement and are eligible for the suspension of deportation protection.
How do I know if the tenant meets the eviction protection conditions provided by the CDC statement?
The qualification requirements are very simple. The tenant signs a sworn statement that they:
- Do your best to obtain all available government assistance.
- The maximum income in 2020 is $99,000, and there is no need to file a 2019 tax return or be eligible for stimulus payments.
- We cannot pay the rent due to a major loss of income or an increase in medical expenses.
- Do your best to pay part of the rent.
- If they are evicted, they will be homeless or forced to live nearby.
The CDC statement does not prevent you from submitting Relocation notice Or expelled. It does provide tenants with a legal defense against eviction. If you believe that the tenant is not eligible for eviction protection, you can challenge its statement in court as in any other eviction defense. The court will then seek additional information as needed, and then decide whether you are allowed to be expelled.
Can the Declaration of the Centers for Disease Control and Prevention prevent all types of evictions?
The CDC Declaration only prevents evictions for non-payment of rent during the covered disasters. If your tenants were rented out before the pandemic, or violated other lease terms, the CDC statement may not block them.
Remember, the CDC Declaration provides additional protections to state and local laws. It does not restrict state and local deportation injunctions. For example, if your tenant owes time not covered by the CDC’s eviction suspension order, and your state has banned evictions, you may not be able to evict non-payment. Even if the CDC statement does not cover your tenants, national clauses are still possible.
What if the landlord receives a CDC statement from the tenant?
If you receive a CDC statement from your tenant, your first option is to work with your tenant. The CDC declaration only delays the expulsion. It will not prevent you from collecting the funds you owe. If your tenants have paid reliably before the pandemic, and you think their financial situation is improving, then you may need to develop a solution. Rent payment plan. A formal payment plan allows you to work with tenants to get them into rent without giving up the right to take action on future outstanding payments or other issues.
If you do not want to work with tenants or think they are not eligible for suspension of eviction, you can ask for verification. However, if your tenant insists that they are eligible, you may be powerless. Ultimately, the local court decides whether your tenant is eligible to execute an eviction order. Some courts may not deal with the relocation at all, which will prevent you from contesting the statement. Once you can go to court, you will want to bring any evidence that the tenant does not meet the conditions, such as proof of current income.
To learn more about the rights and obligations of landlords during COVID-19, please visit Rocket Lawyer COVID-19 Legal Center.Give a helping hand Rocket Lawyer on call® lawyer If you have questions about your specific situation or need legal advice.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm, nor is it a substitute for a lawyer or a law firm. The law is complex and changes frequently.Seek legal advice Ask a lawyer.