Q: I own a commercial office building with four suites. One of the offices is delinquent in rent for 3 months. Can I file an eviction action or am I affected by the eviction moratoriums? A: A commercial lease (e.g. office, retail) is not governed by any current eviction moratorium. Therefore, an owner has a [...]
Fair housing questions are always a tricky point of discussion with AZREIA members. Many members don’t think that fair housing laws apply to them (depends upon their involvement in real estate) and therefore don’t keep up changes in this area of the law. Generally, we advise clients not to rely on the exceptions and assume [...]
Q: You previously wrote about challenging a CDC declaration signed by a resident. What does that process entail? A: To challenge a CDC declaration, an owner has to show that there are false statements in the declaration signed by the tenant. There are 5 factors that are in the CDC declaration, but there are only [...]
It has now been one full year of different eviction moratoriums being in place. We also suspect that more moratoriums will be enacted. While its possible the next moratorium will be different than the CDC order, it is expected to follow the same process – a resident signs a declaration and attests to 5 factors. [...]
Q: Do any of the new rules and laws relating to evictions, affect my ability to sell my home with a resident in it? A: No, the eviction moratoriums that have been enacted have no legal bearing on the potential sale of the property. However, it has a practical bearing on the issue. The buyer [...]
On January 20, 2021, President Biden was sworn into office. The very same day, he signed 15 executive orders, addressing such varying topics as the border wall and LGBTQ issues in employment. Most importantly for investors, he signed a two-month extension of the Center for Disease Control Eviction Moratorium (“Moratorium” or “CDC Order.”). While this [...]