Jun 06

There is a prohibition against evictions for nonpayment until July 25th for tenants receiving Rent Assistance or properties covered by the CARES ACT due to having a federally backed mortgage. There are some other factors as well. For an overview see the prior posts on Eviction Moratoriums Under the CARES ACT and Eviction Moratoriums under Section 8, Rent Assist.

But can you evict for cause? Yes.

Be aware if you try to “invent” a cause eviction to remove someone who isn’t paying in a covered unit you may have more problems than just losing the eviction case. So save this for solving the problem it was meant to be used for.

Here is a HUD FAQ on this:

Q8. During the moratorium period, may owners evict tenants for lease violations that are not related to nonpayment of rent, fees, or charges?

Yes, the CARES Act moratorium does not apply to evictions based on violations of permitted lease terms other than nonpayment of rent or other fees, penalties, and charges. CDBG, NSP and CDBG-DR grantees, subrecipients, and owners of properties with CDBG, NSP, or CDBG-DR- assisted loans should also review their state and local laws, as many are also enacting their own moratoriums on evictions. 


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