Undercurrent

Legal Aid issues FAQs sheet on new eviction moratorium

By: - December 17, 2020 4:43 pm
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(Courtesy photo)

(Courtesy photo)

To avoid confusion around the new eviction moratorium, which went into effect Tuesday, the Legal Aid Center of Southern Nevada is trying to inform tenants about qualifying for the protections.

Thursday, the nonprofit issued a fact sheet of answers to  frequently asked questions which is reproduced below:

 

How does Nevada’s new eviction ban impact residential evictions? 

Nevada’s new eviction ban prevents protected tenants from being evicted from residential properties through March 31, 2021. Importantly, the ban is not automatic so tenants must take action to protect  themselves. 

How do I claim the new ban’s protections? 

To claim the ban’s protections, tenants must give their landlord a signed declaration verifying that they  meet all of the ban’s eligibility criteria (just like tenants needed to do under the federal CDC eviction  ban). Tenants can deliver the declaration to their landlord any way they want—by hand-delivery,  certified mail, or email—but must keep a record of how and when it was delivered. 

Who is eligible for the ban’s protection?  

Tenants are eligible for the new ban’s protections if they (1) are unable to pay rent for a COVID-related  reason, (2) expect to make less than $99,000 in 2020 ($198,000 if filing jointly), and (3) are likely to  become homeless or forced into a group living situation if they are evicted. 

What if I’ve already given my landlord a declaration under the  federal CDC eviction ban?  

If you’ve already given your landlord a signed CDC declaration, you don’t need to give your landlord a  new declaration. The CDC declaration works for Nevada’s ban too. 

What kinds of eviction does the new ban prevent?

The new ban prevents most types of evictions so long as the tenant has given the landlord a signed  declaration and is currently behind on rent. This includes evictions for failure to pay rent, evictions for  staying on the property after the lease expires, and “no-cause” evictions. 

What kinds of eviction does the new ban allow? 

The new ban doesn’t prevent evictions for lease violations not related to rent or fees, evictions for “at will” tenants (like an invited guest who refuses to leave), evictions related to nuisances, or certain  evictions where a tenant rents a space in a mobile home park. The new ban might also allow eviction if  the landlord can prove to the judge that (1) the tenant truly doesn’t qualify for the ban’s protections, or  (2) the landlord is facing a realistic risk of foreclosure before March 31 unless the landlord can evict. 

What if my landlord has already started an eviction against me  and filed with the court? 

Under the new moratorium, the court will stay (pause) the eviction case until March 31 if the type of  eviction your landlord filed is now prevented by the new ban (which most are), and there is something  on file with the court showing you’ve given your landlord a signed declaration of eligibility. 

What steps do I need to take to protect myself?  

  1. Sign a CDC declaration and give it to your landlord. Keep a copy for yourself and some proof of how  it was delivered. You can find a declaration form at https://www.lacsn.org/covid-19. 2. If you’re served an eviction notice, file an answer with the court even if you’ve given your landlord a  declaration. You can find a link to file your answer online at https://www.lacsn.org/covid-19. If you’re  served with an eviction or lockout order, file with the court a copy of your declaration and proof that  you delivered it to your landlord if you haven’t already. 
  2. Apply for rental assistance through Clark County’s CHAP program. You can find a link to CHAP at  https://www.lacsn.org/covid-19

If you think your landlord is violating the new eviction ban, file a complaint with the Attorney General’s  office. If you have questions or need additional help, call Legal Aid Center’s hotline at 702-386-1070,  Option 1.

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