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7 Eviction Moratorium FAQs for Renters, Landlords

If you’re behind on your rent because of the coronavirus pandemic, you just got extra time to catch up. During his first day in office, President Joe Biden extended an order that bars most landlords from pursuing evictions through the end of March 2021.

With millions of people at risk of eviction, housing advocates have argued that a large wave of homelessness could worsen the spread by crowding shelters and forcing people into cramped living spaces.

7 Eviction Moratorium FAQs: What Renters and Landlords Should Know

President Donald Trump initially passed the order through the Centers for Disease Control in response back in August. Before Biden ordered the extension, the moratorium was set to end Jan. 31, 2021. We’ve compiled what we know about the latest order into this eviction moratorium FAQ.

1. How do I know if I qualify for the eviction moratorium?

To qualify, you’ll have to sign a sworn declaration affirming that:

  • You’ve tried to obtain government assistance for your rent or housing payments.
  • You earned no more than $99,000 in 2020 if you’re a single tax filer or $198,000 if you’re married filing jointly. You could also qualify if you weren’t required to file taxes in 2019 or if you received a coronavirus stimulus check. (The income limits for the first stimulus checks were the same as the moratorium limits.)
  • You’ve been unable to pay the rent because you lost your job, income or work hours, or you’ve had significant medical expenses.
  • You’ve made your best attempt to make partial payments that are as close to the full payment as possible.
  • The eviction would either leave you homeless or force you into close quarters or a shared living situation.

2. What should I do if my landlord is threatening to evict me?

Print out this declaration form, fill it out and give it to your landlord or whoever owns the property you live in. Note that the form still cites Jan. 31, rather than March 31, as the date the moratorium ends. Each adult covered by the lease should print out their own form. You don’t need to send a copy to the federal government.

3. Does this mean my back rent is forgiven?

No, no, NO. We cannot stress that point enough. Any unpaid rent you owe will continue to accrue. In fact, the order explicitly states that it doesn’t preclude landlords from charging fees, penalties and interest as the result of missed payments.

If your rent is $1,000 a month and you last paid in August, you should expect to owe $7,000 in back rent for September through March, plus whatever fees and interest your landlord tacks on AND April’s rent when April 2021 rolls around.

4. Does the order provide money for rental assistance?

No. The order simply delays eviction proceedings for another two months. It doesn’t offer financial assistance for renters or landlords. However, the stimulus bill that became law in December included $25 billion in emergency rental assistance.

The assistance will be administered by state and local governments. Renters may be eligible if their household income is less than 80% of the area median income, they’ve been impacted financially by COVID-19 and they’re at risk of losing their home. Money can be used for back rent and utility payments, as well as future payments.

To apply or get more information, you’ll need to contact your local housing agency. Figuring which agency to connect with can get complicated. If you’re not sure what agency to contact, try calling the 211 helpline for direction.

5. I’m a landlord who lives off of rental income. What does this order mean for me?

The order doesn’t include financial assistance, however, you could be eligible for a piece of the $25 billion of rental relief. Check with your local housing agency for more information.

Landlords can still pursue evictions, back rent, fees and interest once the moratorium ends. But the order also makes it clear that landlords who violate it could face hefty penalties.

An individual who violates the order could face a fine of up to $100,000, a year in jail or both — and that’s if the eviction doesn’t result in death. If a death does occur, the possible fine goes up to $250,000, in addition to the possibility of a year in jail.

Organizations that violate face a fee of up to $200,000 in cases that don’t involve death, or up to $500,000 for cases where a death occurs.

6. What if I live in a motel?

You’re not covered under the order. The moratorium only applies to tenants covered under a lease. It explicitly states that those living in hotels, motels and other temporary housing are excluded.

In this case, we strongly suggest calling the 211 helpline, which can connect you with local housing resources.

7. Are there any circumstances in which a tenant can still be evicted?

Yes. You can still be evicted for reasons other than not paying. Engaging in criminal activity on the property, threatening other tenants and causing property damage are all still grounds for eviction.

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What to Do if You’re Behind on Rent

If you’re behind on rent, you need to treat this as a temporary reprieve to get a plan in place. Don’t wait until March to make your action plan.

Your first step is to try negotiating with your landlord. They may be willing to accept partial payments or waive fees, particularly if you can show them that you’ll be able to resume on-time payments.

Take a hard look at all your bills. Your food, health care and shelter are your top priorities. We’d advise paying your rent unless doing so means going hungry or without medication. Stop making credit card and loan payments if you must. You’ll still owe that rent come April. It will be a lot easier to recover from falling behind on credit cards than losing your housing.

Get connected with local resources now. When you’re facing homelessness, the best resources are available at the local level. Calling that 211 helpline now, even though you’re not on the brink of eviction, is a good starting point. They can also connect you with local food pantries, which could free up some money to put toward rent.

Reach out to family and friends. If you know someone with a spare room who might be willing to let you move in, now is the time to start talking — provided, of course, that the living situation wouldn’t put you at increased risk of contracting the coronavirus.

Pay whatever you can. Every dollar you can put toward rent is a dollar that you won’t owe in April, so pay as much as you can toward your rent, even if you can’t afford the full amount. If you do find yourself facing eviction, showing that you made a good-faith effort to pay can only help your case.

Robin Hartill is a certified financial planner and a senior editor at The Penny Hoarder. She writes the Dear Penny personal finance advice column. Send your tricky money questions to DearPenny@thepennyhoarder.com.

This was originally published on The Penny Hoarder, which helps millions of readers worldwide earn and save money by sharing unique job opportunities, personal stories, freebies and more. The Inc. 5000 ranked The Penny Hoarder as the fastest-growing private media company in the U.S. in 2017.

Source: thepennyhoarder.com

Ivanka Trump and Jared Kushner’s DC Home Is Available To Rent—for $18K a Month

Ivanka Jared DC rental up for rentrealtor.com, Alex Wong/Getty Images

Here’s a real estate tip for folks joining the incoming Biden administration: A rental vacancy has opened up in the tony DC neighborhood of Kalorama—an area known for foreign diplomats and political heavy hitters.

Ivanka Trump and her husband, ex-presidential adviser Jared Kushner, have decamped for Florida, following in the footsteps of her father, former President Donald Trump.

Now, the couple’s former rental is in search of a new tenant. It’s available to lease for $18,000 a month.

The recently renovated home with six beds and 6.5 baths has all kinds of style points. It’s billed as “one of the most well-known and photographed houses on the planet—given its recent tenants.”

During the Trump years when the upscale abode served as the DC home of the first daughter and her family, it attracted protests and candlelight vigils, according to the Washingtonian. The 2017 gathering shown below was to protest Trump’s immigration policies.

On the other hand, the Washington Post recently reported that the mansion’s bathrooms were off limits to the couple’s Secret Service detail. As a result, the security team had to rent a nearby studio apartment at a rate of $3,000 a month—which ended up totaling more than $100,000 over the years, according to the Post.

Bathroom access aside, the 1923 home has been “meticulously maintained by the landlord and former notable tenants,” the listing asserts. Details of the 7,300-square-foot layout include crown moldings, recessed lighting, and wood floors throughout.

Plus, the “very contemporary” interiors boast high-end finishes and electrical updates made within the past four years.

And you might catch a glimpse of former President Barack Obama and Michelle Obama in the neighborhood. The couple live just a “stone’s throw away,” the listing notes. That proximity to power might appeal to a house hunter joining the Biden administration.

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Watch: The D.C. Neighborhood That Power Brokers Ivanka Trump and the Obamas Call Home

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While new listing photos aren’t yet available, the images from 2017 showcase a modern, minimalist living space in a neutral palette decorated with abstract art.

Stone stairs lead to the front door.

realtor.com

Exterior shot of a deck

realtor.com

The living room features a fireplace and plenty of space for oversized furniture. The sleek kitchen with a long, white island looks to have everything you need to whip up a meal (or unpack takeout). The kitchen also has room for a table and adjoins a family room.

A formal dining room features a fireplace and recessed lighting. The master suite includes French doors, another fireplace, and cool tones.

Down south, the home’s former residents are apparently leasing a luxury condo in Miami, according to the Wall Street Journal. But their long-term plans look to involve a 2-acre lot they reportedly purchased on ultraexclusive Indian Creek Island for the jaw-dropping sum of $32 million.

Rodrigo Valderrama with Keller Williams Capital Properties holds the rental listing.

The post Ivanka Trump and Jared Kushner’s DC Home Is Available To Rent—for $18K a Month appeared first on Real Estate News & Insights | realtor.com®.

Source: realtor.com

Should I Buy or Lease My Next Car?

Gas can make summer road trips expensive, but the right credit card can earn some of that spending back.

One of the most common questions I am asked as a financial planner is “should I lease or buy my car?” Leasing commercials on the radio make it sound like leasing a car is the only cheap, intelligent choice. However, it really depends on how you define “cheap.” If it means a lower monthly payment, then leasing is usually cheaper. If it means what you pay long term, though, leasing is usually not the best option.

What’s the Process of Buying a Car?

Buying a car is a relatively straightforward process. Essentially, you negotiate the price of the car at the dealership and you secure financing. After providing a down payment, you’d finance the entire remaining value of the car, usually through a loan from a bank or credit union. You would then make payments that include both principal and interest for a specified period of time. Once your contract is complete, and the loan or other financing is paid off, you’d own the car outright.

At that point, you could decide to keep it or sell it. If you sold it, you’d have to negotiate the sale to get the price you want. One disadvantage of owning the car is that thanks to regular wear and tear and other factors, you have no guarantee of what the car will be worth at the end of the financing period.

How is Leasing Different from Buying?

Leasing is a bit more complicated, but it’s basically just another method of financing a car. The difference is you aren’t financing the entire car—just the use of the car during the first few years of the car’s life. The payments you make would still consist of principal and interest, but only for the portion of the car’s life you’d be using up.

The biggest difference is that unlike buying a car, you don’t own anything once a lease is complete—and if you still needed a vehicle, you’d have to acquire another one. Typically, you can purchase the car for a pre-set price (known as the residual value) once the lease term is over, or you can give the car back to the leasing company and decide to either purchase or lease another vehicle.

Do You Have to Pay Extra Fees to Lease a Car?

Many advertised leases also require a down payment. If you’re short on cash, you can skip the down payment, but your monthly payment would be higher because you’d be financing more of the car. Also, keep in mind that you’re still responsible for the condition and mileage of the cars you lease. When you turn the car back in, if it isn’t in good condition or if you’ve driven more miles than your lease allows (around 12,000 miles per year), then you’ll have to pay extra.

When Is It Better to Lease Rather Than Buy?

Before you decide to lease or buy, you’ll also need to determine how many miles you drive per year and how long you like to keep your cars. If you are a high mileage driver (say, more than 15,000 miles per year) or you like to keep your cars for three years or more, you are most likely better off purchasing the car. If you don’t drive much and you prefer driving new cars, then leasing may be a better option for you.

Regardless of whether you lease or buy, you’ll need good credit to qualify for a low interest rate. So before you shop for a car, see where you stand: check your credit score for free at Credit.com.

Image: monkeybusinessimages 

The post Should I Buy or Lease My Next Car? appeared first on Credit.com.

Source: credit.com

What Is Apartment Debt on a Credit Report

Plans can change unexpectedly. Changes in employment, relationship status, or finances may prompt you to rethink your living situation. Some changes may even lead you to move out of your apartment without paying rent for the final month or two on the lease. And just like that, apartment debt is created. Like all forms of […]

The post What Is Apartment Debt on a Credit Report appeared first on Apartment Life.

Source: blog.apartmentsearch.com

What Is a Force Majeure Clause, and What Does It Mean for Mortgages?

RapidEye/Getty Images

In French, it means superior force. However, in legalese, the term force majeure refers to a clause that can allow a person or business to extricate themselves from a contract.

“In general, it’s a force outside the control of a party,” says Denver, CO, contracts attorney Susan Goodman. “What the force majeure clause says is: If there’s an act of force majeure, then performance is excused if the performance is affected by that act.”

In even plainer English, it means: If something completely unpredictable occurs, a contract may be voided.

The current pandemic certainly seems to fit the bill, and will have contract holders invoking force majeure for relief from creditors.

However, mortgage holders looking for a way out of their debt obligations are likely to be out of luck when it comes to following the path of force majeure. Here’s how force majeure works in a contract.

What is an act of force majeure?

Contracts with a force majeure clause often list (very) specific potential calamities. If any of those calamities come to pass, a contracted party is allowed to back out of the deal with no penalty.

Force majeure events often written into contracts include:

  • “Acts of God,” which often include severe weather, floods, earthquakes, hurricanes, fires, etc.
  • Acts of war
  • Acts of terrorism
  • Acts of government authorities
  • Strikes or labor disputes
  • An inability to secure materials
  • Other causes beyond the reasonable control of a party

 

Do all contracts have force majeure clauses?

Force majeure clauses are almost always written into business-to-business contracts.

However, personal mortgages usually do not contain force majeure clauses. Neither do apartment leases or contracts for home improvements.

Commercial leases and development projects often do, and those clauses may be invoked due to COVID-19.

“You’re seeing a lot of activity on the on the [commercial] leasing front now with the argument of force majeure,” says Jack Fersko, co-chair of the real estate department at the law firm Greenbaum, Rowe, Smith, & Davis LLP in New Jersey and co-chair of the American Bar Association’s real estate section committee.

Businesses “can’t use the space—whether it is because of the virus, which has closed operations down, or [because of local] government orders.”

Construction firms might also invoke the clause if they’re unable to meet deadlines or milestones on a development project. Adding to the confusion is that each state has different requirements for force majeure clauses, which means there’s no one-size-fits-all option.

Invoking a force majeure clause

By definition, an act of force majeure must prevent one or both parties from performing a service listed in the contract.

But economic hardship is not a reason to invoke force majeure.

“Anybody can always claim economic hardship. If your company goes into bankruptcy, that doesn’t void a contract, and you can’t get out of it by force majeure,” says Goodman.

As always, the key for consumers is: Be aware of all terms in any contract.

Courts around the country are already investigating COVID-19 and how it might relate to force majeure.

“I think it’s important to point out that this is such a unique situation. We’re already hearing that courts are treating things differently than one might expect—like not calling this an act of God,” Goodman says.

Fersko adds that there isn’t much legal precedent for the current crisis.

“I guess we’ll look to fall back to the early 1900s with the flu. We’ll look to other events in history that may be akin to this, and see what sort of case law evolved from that,” he says.

“In many respects, this being a worldwide pandemic, it’s certainly going to create some novel legal issues.”

Future contracts are likely to include allowance for pandemics

“Force majeure clauses are all written differently,” Goodman explains. She adds that she has seen some clauses with the word “epidemic,” but none with the word “pandemic.”

That will change, of course, after the coronavirus outbreak.

“Most force majeures after 9/11 added terrorism to the clauses. It was never in it before, because nobody really thought of it—because it wasn’t really part of our society,” Goodman says.

“I think pandemics and epidemics are going to be added to every force majeure clause. Attorneys are already advising their clients to do that.”

The key to a force majeure event is its unpredictability. However, if an unfortunate event or disaster was something that you could and should have prepared for, it’s nearly impossible to invoke the clause.

The post What Is a Force Majeure Clause, and What Does It Mean for Mortgages? appeared first on Real Estate News & Insights | realtor.com®.

Source: realtor.com