At the height of the “self-isolation” response to the coronavirus pandemic, the governor of Nevada issued a moratorium on both residential and commercial evictions based on non-payment of rent. Indeed, the moratorium was extended when the lockdown measures were not lifted through the summer.
As the severity of the virus transmission lessened, the eviction moratorium expired in October, 2020. With businesses slowly opening and Las Vegas tourism numbers rising, the ability of some to resume payment of rent and begin paying back past due sums of rent became possible. It must be remembered, the eviction moratorium did not “forgive” rental obligations, it simply deferred them. Any rent not paid during the lockdown would remain an obligation to landlords once the eviction moratorium was lifted.
Now that nearly all hotel/casinos have reopened and we are creeping back to pre-pandemic life, landlords are anticipating cooperation from tenants to incrementally be repaid for rent not received over the course of the past 6-7 months.
Not all tenants are back to full employment, however, and some still need a lifeline.
U.S. CENTERS FOR DISESE CONTROL AND PREVENTION (CDC) ISSUES ORDER
In response to the financial hardship directly attributable to the virus outbreak, the CDC issued and Order to remain in place until December 31, and is explained as follows:
“…a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order,”. “This Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order.”
Since Nevada landlords now have the green light to enforce the provisions of Leases and proceed to the legal eviction process, this CDC Order is the last hope for many.
WHO IS ELIGIBLE?
An eligible tenant must have:
- Used their best efforts to obtain all available government assistance for rent or housing
- Not earned more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return) or was not required to report any income in 2019 to the U.S. Internal Revenue Service or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act
- Been unable to pay their full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs or extraordinary out-of-pocket medical expenses
- Used their best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses
- If evicted they would likely become homeless, need to move into a homeless shelter or need to move into a new residence shared by other people who live in close quarters because they have no other available housing options.
Renters must also agree to continue to pay rent or make a housing payment as well as comply with other obligations they have under their tenancy, lease agreement or similar contract. In addition, fees, penalties or interest for not paying rent or making a housing payment on time as required may still be charged or collected according to the Order. The order imposes consequences to any renter providing false or misleading statements or omissions on the declaration form including criminal and civil actions such as fines, penalties, damages or imprisonment.
IF THE TERM OF A LEASE HAS EXPIRED, CAN A TENANT REMAIN IN POSSESSION OF RENTAL PROPERTY UNDER COVER OF THE CDC ORDER?
If the landlord has properly noticed a tenant regarding the expiration of the lease term, the CDC Order will not grant any rights to possession which supersede the four corners of the written lease agreement.
It should also be noted, if a tenant violates any condition of the written lease agreement, which is to say, brings a pet into the premises if the lease prohibits pets or invites additional family members to take up occupancy if the lease specifically limits the number of persons allowed as permanent occupants, the CDC Order will not save such tenants from eviction for violating the provisions of the lease.
Call our office at 702-267-6500 with any questions regarding Nevada Landlord/Tenant law or the applicability of the CDC Order to your particular situation.
