Eviction actions commenced for nonpayment of rent or other fees or charges are subject to Emergency Directive 18, which was extended on September 15, 2020 for an additional thirty (30) days. Under this Emergency Directive, no writ of possession for real property shall be issued in summary ejectment actions commenced on or after March 27, 2020, unless the magistrate or judge concludes that either: (1) the property is not a “covered dwelling” as defined by Section 4024(a)(1) of the CARES Act or (2) the property is a “covered dwelling” and the tenant had 30 days of notice to vacate as required by Section 4024(c) of the CARES Act.
Section 4024(a)(1) of the CARES Act defines a “covered dwelling” as a property that: (1) participates in a covered housing program as defined in Section 41411(a) of the Violence Against Women Act of 1994 (VAWA), including, but not limited to: public housing under 42 U.S.C. §1437(d); Section 8 project-based housing; Low Income Tax Credit Housing; HUD Section 202 housing for the elderly; HUD Section 811 housing for people with disabilities; (2) participates in the rural housing voucher program under section 542 of the Housing Act of 1949; or (3) has a federally backed mortgage loan or federally backed multifamily mortgage loan.
Section 4024(c) of the CARES Act provides that a landlord may not require a tenant to vacate until after providing the tenant with 30 days’ notice to vacate.
Keep in mind that the CDC Agency Order regarding evictions also remains in place through December 31, 2020. For information regarding the CDC Agency Order, please refer to this previous blog: CDC Issues a Moratorium on Some Residential Evictions Through December 31, 2020.
The requirements and restrictions on landlords with regard to evictions are changing frequently. Before attempting to evict a tenant for nonpayment of rent, it is a good idea to speak with an attorney to make sure that you are in compliance with all of the new orders and to ensure you have provided the appropriate notice to your tenant. The attorneys at Law Firm Carolinas are committed to staying current in this ever-changing environment and are available to answer your questions.
For more information, read Justice Beasley’s Emergency Directives as updated on September 15, 2020.