Can An Apartment Evict You For Late Fees – The information provided in this post does not represent and is not intended to be legal advice. All information available on this site is for general information purposes only. If you need legal help, you should contact a lawyer. You may be eligible for our free legal services and apply by calling our Covid Legal Hotline at 1-844-244-7871 or by applying online. Updated on June 15, 2020. Who is protected from eviction and late fees during the Covid-19 crisis?
You must still legally pay rent during this period and may be evicted for non-payment if eviction resumes. Even if eviction is prohibited, your landlord can give you a notice to vacate (eviction notice). However, if you don’t move, your landlord can’t force you to leave because they can’t file an eviction petition in court now.
Can An Apartment Evict You For Late Fees
Some tenants have additional protections. Under federal stimulus legislation signed into law on March 27, 2020, there is a 120-day moratorium (through July 25) on non-payment of eviction and late fees for certain properties:
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For these tenants, landlords cannot give you an eviction notice for non-payment after 120 days. After that they must give you 30 days notice. If you received an eviction notice before July 25th and you live in a foreclosed property, you have the right to fight the eviction. Contact the Southeast Louisiana Legal Services Covid-19 Hotline at 1-844-244-7871.
If you live in government-subsidized housing, “affordable housing,” or housing where your rent varies based on your income, or if you have a Section 8 voucher, you may be covered. Finding out if your homeowner has a federally backed mortgage can be difficult, but 70% of single-family mortgages have federal involvement. You can try to see if your landlord has a mortgage on public records (free in Orleans at http://www.orleanscivilclerk.com/onlinerecords.html). However, their loans may not be registered if they are covered under the following schemes. Your lender should be able to tell you, if not, you can see if they have Fannie/Freddie backed loans at one of these websites:
You can try calling these numbers yourself to inquire about a loan (tell them you’re a renter and you want to know if your homeowner’s mortgage is covered by their government program):
All evictions of tenants with Section 8 vouchers or residents of public housing or other federally subsidized housing are prohibited until July 25, 2020 (see the first part of these questions).
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The following housing authorities have said they will suspend Section 8 layoffs during the Covid-19 crisis: Housing Authority of New Orleans, Housing Authority of Jefferson Parish (which does not include purchasing), St. Bernard Parish Housing Division and St. Charles Parish Housing Authority. If a delayed investigation, inspection or contract signing causes you serious hardship or homelessness, call the Southeast Louisiana Legal Services Covid-19 Hotline at 1-844-244-7871.
You should pay your rent on time or try to work out a payment plan with your landlord. Try to get any payment plan in writing. If your rental agreement says that you will be charged a late rent fee, the landlord can charge you that fee if you don’t pay on time. Although your landlord can’t evict you now, if you don’t pay rent and bills, your landlord can evict you when the court reopens.
Under federal stimulus legislation signed into law on March 27, 2020 (the “CARES” Act), many taxpayers will receive checks next week of about $1,200 and $500 for a young child.
If you live in New Orleans, you rent from a private landlord and you don’t have housing subsidies: You may be eligible for rental assistance. Call City of N.O. Community Development Office at 504-658-4200.
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If you lose income and live in Section 8, public or other subsidized housing, will your rent be based on your income?
If you have lost income and live in Section 8, public or other subsidized housing and your rent is based on your income, report any loss of income immediately. If the office is closed, try emailing, texting or sending a notice to your lawyer or landlord.** Keep a copy of any notice you send for your records. Give them notice even if you don’t have all the documents they need. After reporting a loss of income, your rent must be reduced on the first day of the month. Even if they can’t process your rent reduction now, once they process the change, timely reporting will affect the amount you owe. If your landlord or housing authority fails or refuses to reduce your rent, talk to a lawyer. Apply for free legal assistance by calling the Southeast Louisiana Legal Services Covid-19 Hotline at 1-844-244-7871.
** If you are a HANO Section 8 voucher holder, you may complete your Income Loss Self-Certification form available at http://www.hano.org/Tenants/Forms and email to hcvpinfo@hano.org . If you have trouble contacting your employee, you can call (504) 670-3295.
If you start receiving new income, such as unemployment benefits, it’s important to report it and keep records of reporting it.
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What if my landlord locks me out, cuts off my utilities, physically removes my belongings, or threatens to call the police to evict me?
It is illegal for your landlord to lock you out, throw out your belongings or cut off your utilities without going through the court eviction process. Your landlord must get a court order to evict you. If your landlord tries to physically remove you or your belongings from your home, you can call the police if you feel comfortable. The police should ask your landlord to stop. If your landlord tries to evict you without a court order or does something else to evict you, consult an attorney immediately. You can request legal assistance by calling the Southeast Louisiana Legal Services Covid-19 Hotline at 1-844-244-7871.
What do I do if I receive an eviction notice or peace judgment from the court while the eviction is pending?
If this happens, you should consult an attorney immediately. Apply for free legal assistance by calling the Southeast Louisiana Legal Services Covid-19 Hotline at 1-844-244-7871.
Ways To Handle An Eviction From Your Landlord And Keep Your Rental
If you have an emergency and don’t get a call back within 24 hours, here are other numbers you can try:
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