Don’t worry about the owners. They are rich. They don’t need their tenants to pay rent. I get so frustrated with closed-minded advocates that it’s hard for them to see how an action that might benefit one group harms others. They want to push their agenda, no matter the cost.

According to some housing advocates, the recent CDC eviction moratorium doesn’t do enough to help, and it should be the landlord’s responsibility to find government support while the tenant is unable to pay rent without any recourse. Don’t these people realize that most landlords own fewer than three units and NEED the rent to finance upkeep, taxes, insurance, and mortgage payments? What happens to your property when you stop paying your mortgage?

Early last month, the CDC used its powers to enact a moratorium preventing landlords from evicting their tenants for nonpayment of rent. This moratorium is valid until the end of the year, with the possibility of extension. The CDC is able to do this because they state that it is not about supporting people in need financially (which is not their job), but about slowing the spread of COVID-19 (which is their job). I applaud them for acknowledging the risks of homelessness and compact living situations with the spread of the virus, but what I don’t understand is why the burden falls on “mom and pop” smallholders. Here are the often misunderstood details of the recent Eviction Moratorium.

With very few exceptions, all tenants qualify for eviction protection! To qualify, the tenant only needs to meet two requirements.

Attempt to get government support to pay the rent.

Earn less than $99,000 in a year for a single taxpayer or $198,000 for dual-income families.

I struggle with the second requirement, because that’s more money than most people who make their payments make in a year. According to the CDC, in order to afford a 2-bedroom home in the most expensive market in the country, the family needs to earn $80,621 per year. That would keep rent at 30% of household income. Since the CDC referenced 30% of income, its guidelines for qualifying for this moratorium means that the family that is protected from eviction could make rent payments of almost $5,000 per month. See why I say that almost all renters qualify? All my tenants certainly do.

It sounds bad? It gets worse. The process to avoid being evicted for non-payment is quite simple. All that is required is for the tenant to send you a signed statement. They can get this statement online, sign it, and send it to you and avoid being evicted. Notice how I didn’t mention that they need to prove that they tried to get support, nor do they need to prove that they really do. It’s important to note that this is for non-payment only, so if you have a tenant who is breaking the rules, causing trouble, or just outside the lease term, you can still evict them. It’s also nice that this isn’t rent forgiveness, or at least that’s the idea, it’s just a stay of eviction. The tenant will still owe all of the rent and late fees and you, as the landlord, will still have the opportunity to collect them at some point. Good luck with that!

My advice would be to start the eviction if you did not receive the declaration. If the tenant doesn’t send that to him, he’s not protected. I would also suggest working with your tenant as much as possible. If they are really in need and want to work with you, let them. A partial payment is better than no payment and helping them keep their home is important in times like these. Finally, if you have any expiring leases, I suggest moving those leases from month to month. At least until we get past the COVID chaos. Having a month-to-month lease will allow you to evict based on lease expiration and not non-payment.