I’ve lost my income due to the pandemic and can’t pay my rent.
Will I be evicted if I can’t pay my rent during this emergency?
A. As time goes on, the economic impact of the coronavirus is being felt in all corners of society. People in all sectors, from large corporations to small businesses, are bearing the brunt of the economic losses. Economic losses are also amplifying social anxieties, one of which is the fear of eviction or foreclosure due to inability to pay rent or mortgage.
Generally speaking, if you can’t pay your rent, you’ll be evicted, and if you can’t pay your mortgage, you’ll be foreclosed on. Fortunately, many states and municipalities are offering a variety of remedies in light of this emergency. Let’s take a look at some of them.
- California: Governor Gavin Newsom issued an executive order authorizing local governments to pause evictions of tenants. This protection is in effect until May 31, 2020; however, tenants are still obligated to pay rent and landlords are still entitled to receive rent.
- Los Angeles: Los Angeles Mayor Eric Garcetti issued an executive order stating that landlords cannot evict residents of the City of Los Angeles during a local emergency. After the local emergency period expires, tenants will have up to six months to repay any back rent owed. The LA City Council is considering expanding this period to 12 months.
- San Francisco: San Francisco Mayor London Breed declared a temporary moratorium on residential evictions as well as commercial evictions for small businesses affected by the coronavirus. This applies to all businesses licensed to operate in San Francisco with annual gross receipts of less than $25 million.
- Illinois: Governor J.B. Pritzker issued an executive order to halt all residential eviction proceedings until April 8.
- Chicago: In a press conference on March 19, Mayor Lori Lightfoot called on landlords to give tenants a grace period to pay rent during the current state of emergency.
- Indiana: Governor Eric J. Holcomb issued an executive order on March 20 to suspend eviction and foreclosure proceedings until the end of this emergency, but all past due rent and mortgages must be paid.
- Iowa: Governor Kim Reynolds has temporarily halted some eviction proceedings. She has also suspended prosecution of ongoing foreclosure proceedings on residential, commercial, and agricultural properties.
- Michigan: Governor Gretchen Whitmer issued an executive order temporarily suspending eviction proceedings for non-payment of rent until April 17.
- New Jersey: Through an executive order issued on March 19, Governor Phil Murphy halted all eviction/foreclosure proceedings. The order will remain in effect for two months after the state of emergency ends.
- New York State: Governor Andrew Cuomo has suspended all commercial and residential eviction proceedings for three months. He is also waiving mortgage payments for the next 90 days for those experiencing financial hardship as a result of the coronavirus.
- New York City: All eviction proceedings have been suspended, but landlords can still file new eviction cases.
- Pennsylvania: The Pennsylvania Supreme Court has closed all courts and ruled that no Pennsylvanian can be evicted from their home or business until April 3.
- Rhode Island: Gov. Gina M. Raimondo announced that state courts will not handle residential or commercial eviction proceedings for the next 30 days.
- Texas: The Texas Supreme Court issued an order halting eviction proceedings until April 19, but the order does not apply to cases where the tenant commits a criminal offense or poses a physical threat to the landlord.
Of course, there are still a number of states that haven’t come up with any specific relief. Oregon, Ohio, North Dakota, New Mexico, Nevada, Nebraska, Montana, Missouri, Mississippi, Mississippi, Maine, Hawaii, Georgia, Florida, Alaska, and Alabama, to name a few. But if the pandemic gets worse and more prolonged than it is now, we expect more states and municipalities to announce new relief.
It’s a tough situation for everyone. It’s hard for tenants who lost their jobs, it’s hard for landlords who can’t collect rent, it’s hard for banks who can’t collect mortgages, and it’s hard for everyone to come together and try to understand each other. At Song Dong Ho Law Firm, we support all those who are struggling with the current coronavirus situation. If you are in need of legal assistance during this time of uncertainty, please contact us at mail@songlawfirm.com. We promise to do our best to help.