Eviction Moratorium & Dilemma

December 12, 2020 68 Comments

There is so much going on these days and it is quite overwhelming. Many folks are facing eviction due to no fault of their own, and should realize it is a sign of the times that we are in. Being faced with not having a home is heartbreaking even more so when children are involved. There are other dynamics that factor into the possibility of homelessness like shelter, food, water, clothing, weather, etc.

What are we as people to do if confronted with such a dilemma? Even if members of our families are having this issue, what can we do to help? Some of us already have two or three generations living under the same roof, and do not have any more room to spare. To add to that, many people are jobless. Some households have either no income or one small income to support the entire home. What a nightmare issue to have among other things that looks as though there is no end in sight.

Many states have set up eviction moratorium’s to assist in some way. California lawmakers recently proposed an extension to the moratorium as the last extension is set to expire on December 31st. Generally speaking if the newly proposed extension is not approved then many families will be forced to live elsewhere, and this may cause a rise in Covid-19 cases. Folks that cannot pay their rent may obtain rental assistance in the areas where they live if residing in California. Other states may also have an eviction moratorium, however the policies and processes could be different.

In California, if people are having trouble meeting their rent due to the Covid-19 disaster, then they can let their landlords or property managers know their reason for not paying full rent. In doing so, it allows those folks to pay at least 25% of their monthly rent thru December 31, 2020 but requires filing an approved declaration form by the State of California. This form halts the eviction process by allowing renters to stay in their homes, thus prohibiting people from living on the streets and having an increase in Covid-19 cases. Each adult named on the lease or rental agreement must fill out a form and submit it to their landlord or property manager to avoid eviction. This form requires a declaration under penalty of perjury.

This is a dilemma that cannot be averted and we all have to ride it through to the end. Just think about it, landlords need tenants to pay rent so that they can pay their bills, and tenants need to pay their landlords and other creditors. What a vicious cycle. Job loss is a main cause of this horrible disaster.

Is there a right way to handle a situation such as this one. Keep in mind, this is the first time most of us have been in such a situation. I am not sure how this issue can be resolved. We do not even know how long we will be dealing with Covid-19. When it starts to subside, then it will be a flurry of evictions all across California and other states. At every angle, people will need to be ready. Landlords will ready themselves with deciding to evict or not to evict. Tenants will be confronted with deciding on where to live if evicted. Courts will be overburdened with eviction cases, and must come up with a method to accommodate increased calendars. Lastly, eviction paralegals await to see how we can better serve the public in an efficient and proficient manner. I can only hope that we all will be ready when the time comes.

Our question to you is what are your thoughts on the eviction moratorium, and would you use a paralegal to assist in your document preparation if you are faced with this dilemma?

Your comments are appreciated.

Eabaset, RCW Team

Declaration Form – CDC http://cdc.gov/coronavirus/2019-ncov/downloads/declaration-form.pdf

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