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Home / Tips and Tricks / There’s no eviction moratorium, sorry: Trump’s executive order can not stop you from being evicted now

There’s no eviction moratorium, sorry: Trump’s executive order can not stop you from being evicted now

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A sheriff’s deputy monitors when tenants rush to load a moving truck before the arrival of an eviction team.

John Moore / Getty

A housing crisis is on the horizon. Despite an executive order President Donald Trump signed last weekend, predicting up to 40 million people – 40% of American tenants, according to Statista, risk moving in the coming months. That is 12% of the American population. New unemployment claims have hovered around the 1 million mark every week since March, a number that the Labor Department tracks. The figure underlines how rising unemployment rates and overdue government benefits could throw the country into a deeper recession.

Trump’s order does not actually stop evictions today (read excerpts from the text below), and it is not clear exactly when – or in what form – an eviction moratorium would take place. The protection against ejection guaranteed by the CARES Act expired on 31 July.

In addition to overdue housing protection, three out of ten laid-off Americans also face food insecurity. Without the certainty of a future stimulus packages, the continuation of the talks on Capitol Hill, or more outspoken directives from the White House, the situation may worsen.

Here’s all we know about what the president’s eviction order does and does not cover, the protection that remains for you until August 24 and how you can find help if you are facing a potential eviction. We often update this story.

Trump’s executive order does not prevent evictions

The wording allows the White House to be aware that drafts can be nailed down:

The CARES Act introduced a temporary moratorium on evictions of certain tenants under certain conditions. That moratorium has now expired, and there is a significant risk that this will trigger an abnormally large wave of drafts.

It then promises to investigate the matter (emphasize ours):

Secretary of Health and Human Services and Head of the CDC should consider whether any measures temporarily stop housing development of tenants in order not to pay rents are reasonably necessary to prevent the further spread of COVID-19 from one State or Possession to another State or Possession.

The decision provides for four steps in government action, none of which would stop the drafts immediately:

  • Investigate whether it is necessary to stop evictions as a way to help prevent the coronavirus from spreading, presumably from people crossing government lines looking for new housing, sharing housing with others or moving to shelters.
  • Identify ways to provide tenants and landlords with financial support.
  • “Encourage and provide assistance” to various organizations or individuals to protect against drafts and foreclosures, but it is not clear if this includes financial assistance.
  • Review existing “authorities and resources”, which may include government programs.

Although the order encourages the finance secretary and the secretary for housing and urban development to explore ways to finance financial assistance to tenants behind rents, the executive order does not stop setting up such a fund or banning drafts. In other words, without further action from the Trump administration or Congress, nothing has really changed – yet.

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Worried about renting? You’re not alone.

Josh Miller / CNET

What happens now that the protection is over?

Notices of eviction are now legally allowed to continue and evictions can begin from 24 August. Some landlords have already reportedly reported evictions in violation of the law, even before the protection ceased. Some states have increased eviction protection for some tenants, although coverage may be uneven.

If you live in a property covered by the CARES Act, landlords can now legally ask you to leave and start charging late fees, but the soon they can legally file an eviction to force you to leave is August 24th. As long as Congress passes an extension or extension of the exclusion ban before August 24, tenants who remain on the rent should continue to be able to remain temporarily in their homes.

The CARES Act eviction protection is believed to have helped as many as 23 million American families (about one-third of all U.S. tenants) stay in their homes during coronavirus recession. As of July 31, each benefit provided by CARES Act has now ended, including the eviction moratorium.

This means that tenants who cannot pay rent can legally be made to leave their rental properties. Congress has stayed on another stimulus bill which may renew some protections and is likely to include one second stimulus control, but there is new hope that talks can resume this week.

Anyway, the rent was due on August 1 and will be September 1 again, with no improving federal unemployment or rent shelter on site.

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It’s still unclear how much cash Congress plans to put in Americans’ pockets with a second stimulus bill, only that another round of direct payments is likely to be included.

Angela Lang / CNET

Does the eviction on 24 August apply to you?

The CARES Act protected only about one-third of rental properties in the United States, especially those that received federal funding or were funded under a federal program such as Fannie Mae or Freddie Mac. It is not clear whether Congress will expand the scope of real estate covered by the law.

Here things get difficult: If your landlord owns your building directly or financed the property without going through a handful of federal programs that guarantee most mortgages and receive no government assistance as section 8 money, CARES law did not apply to your situation.

For tenants in single-family houses or in apartments in buildings with four or fewer units, it will be difficult to find out if this or similar law applies to you. However, if you live in a multifamily property with five or more units, there is a tool published by the National Low Income Housing Coalition that is designed to tell you if the property where you live was covered by the CARES Act. Try entering your zip code and scrolling through the list of properties looking for yours. (Searching the page did not work for us.)

But there’s another wrinkle. Just because your building is not listed does not necessarily mean it was not covered – the tool only tracks properties with five or more units and it may not even cover all of them. So if you rent a single-family house or apartment in a building with four or fewer units, it may not be listed even if the property falls under the CARES law.

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Find out the status of ejection protection in your condition

State transfer bans have mostly either already expired or will come soon, many without compensation in sight. Michigan, for example, let its eviction moratorium lapse, as did several other states. A handful of states never interrupted drafts to begin with.

To help you find out the status of eviction protection in your country, the legal services website Nolo.com has an updated list of state eviction regulations.

If you are a serious criminal or know you are coming soon, you may want to consult a lawyer to better understand how laws in your area apply to your situation. Legal Aid provides lawyers free of charge to qualified clients who need help with civil matters such as drafts – you can find the nearest legal aid office with this search tool.

Online tool that points you to resources


DoNotPay offers a variety of legal services, including financial relief related to the coronavirus pandemic.

Screenshot of Dale Smith / CNET

211.org: This non-profit organization connects those who need help with important community services in their area. Recently, a portal for pandemic assistance has been created. If you have problems with your food budget or pay your housing bills, you can use 211.org’s online search tool or call 211 on your phone to talk to someone who can try to help.

JustShelter.org: A non-profit organization that allows tenants to face evacuation in contact with local organizations that can help them stay in their homes or, in the worst case, find an emergency room.

Do not pay: Online legal services chatbot has one coronavirus financial aid It says will identify which of the laws, regulations and measures that cover rent and eviction apply to you based on your location.

How to ask the landlord for a reduction or extension

In almost all cases, it is probably best to train a contract with your landlord or leasing agency, if possible. Although some landlords have reportedly responded to the pandemic by putting even more pressure on tenants to pay, other landlords have increased the opportunity, but some go so far as to stop collecting rent payments for some time.

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If you do not have enough money to cover the rent, first see what protection is available in your area, then consider trying to work out a payment arrangement with your landlord.

Sarah Tew / CNET

It may be worth contacting the landlord to see if you can pay less rent in the coming months or spread payments for the next few months rentals in the next year. When tenants across the country organize rent strikes and more community leaders are pushing to rent freezers, landlords may prefer such an arrangement to not get any rent at all.

Just be careful with landlords who make excessive demands. For example, some have asked tenants to hand over their $ 1,200 stimulus check or some money received from charity as a condition of not submitting a eviction order. Do not agree to unreasonable terms or conditions that you will not be able to meet, especially if your city or state has adopted protection against such arrangements.

If you are worried about your financial situation today, consider these 28 ways to save money during the pandemic and get some free financial advice from these six organizations. And here it is some money grounds who can help you through a tough time.

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