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We handle all property and construction matters within North Carolina.
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Landlord - Tenant Update amid COVID-19
Update on the CDC's Moratorium on Evictions
The Center for Disease Control issued a Federal Moratorium on all residential evictions, effective until the end of December 2020. However, there are stipulations and guidelines that must be followed before an eviction process is halted.
First, this is only for NON-PAYMENT of rent. Tenants can STILL BE EVICTED for other reasons such as a breach of any other term of the lease agreement, or if the lease has ended, or if the tenant is on a month-to-month tenancy and the landlord gives proper notice of termination of the lease.
Second, in order to forestall the eviction for non-payment of rent, the Tenant must meet the following requirements:
Under the new CDC order, renters must meet four requirements:
1. You must make less than $99,000 or $198,000 if filing jointly or have gotten a stimulus check or were not required to report any income in 2019
2. You must show you tried to get government help to pay rent
3. You must affirm you cannot pay rent because COVID-19 hardships
4. You must affirm you are likely to become homeless if you are evicted
If the Tenant meets those requirements, the Tenant must send a signed affidavit to the Landlord. The Landlord is not required to inform the Tenant of the affidavit requirement.
Further, once the moratorium is over, the Tenant will STILL BE LIABLE for the entire balance of the past rents not paid. The Tenant can still be evicted come January 1 for non-payment of rent.
North Carolina Chief Justice Orders for Court Hearings
Court Directives from the NC Supreme Court
In addition to the recent court orders from the North Carolina Supreme Court Justice, several other Orders have been issued regarding other matters before the Courts, to include remote hearings, extension of time on filing appeals, and criminal matters.
Click the link on the side to access the Court's directives for these other matters.
Learn More
Here is the link to the NC Court's website with all the Court directives and Orders: