The CARES Act moratorium on rent nonpayment evictions lapsed on July 24, meaning that courts in as many as 39 states will begin accepting rent nonpayment eviction complaints from landlords again.
Passed in response to the COVID-19 pandemic and government-ordered shutdown that ceased many business operations and put millions of Americans out of work, The CARES Act’s eviction moratorium was intended to prevent the same Americans from losing their living accommodations as a result.
That, however, came at the cost of landlords, who were effectively forced by the federal government and many state governments to keep non-paying tenants under their rooves without legal recourse. Naturally, this placed an immense financial burden on landlords and property owners who were suddenly expected to afford their mortgages without a clear stream of income.
While The CARES Act eviction moratorium lifted on July 24, several states with their measures are still refusing to budge. Among them are Florida, California, and New Jersey, which have some of the most significant renting populations in the U.S.
Speaking to Law360 about this issue, Derek D. Reed – a partner at Ehrlich, Petriello, Gudin, Plaza & Reed, Attorneys at Law – said that preventing landlords in New Jersey from pursuing nonpayment evictions during this time was particularly problematic.
"Literally the doors are closed to one group of litigants, which is pretty remarkable when you think about it," he told Law 360. "Right now we're having conversations with tenants who are being victimized by other residents and we're like, 'There's nothing we can do. We can't even get a court date.'"
Reed also mentioned that the eviction moratoriums have unintended consequences, such as a case where landlords whose tenants have died are unable to undergo the legal process required for reclaiming the unit.
"In many cases those are affordable housing units with a waiting list," he told Law360. "But right now because of the eviction moratorium, those units can't be turned over to new families."
Do You Need Assistance as a Landlord?
If you’re a property owner or landlord in need of legal assistance for an eviction matter or another type of landlord-tenant dispute, please reach out to Ehrlich, Petriello, Gudin, Plaza & Reed, Attorneys at Law for help. Founded in 1955, our firm has a lifetime’s worth of experience providing clients with the experienced, respected, and reliable representation they need and expect from a lawyer.
Reach out to us today to schedule a consultation by calling (973) 828-0203 or filling out our online contact form.