Governor's Directive on Eviction Restrictions
Clarification for Renters and Landlords
On Monday April 13, 2020, Governor Bullock issued a directive adding language to the previous March 31 directive halting residential evictions. The purpose of this expanded language was to provide tenants, as well as landlords and property owners, with clarity on their respective obligations and to eliminate the potential for confusion about the temporary halt on residential evictions.
Monday’s clarification specifies that the limitations on residential evictions applies when one of the following circumstances exist and is documented by the tenant to the landlord or property owner:
- A tenant is required to be quarantined based on their diagnosis of COVID-19.
- A tenant is required to self-quarantine based on a Directive of the Governor, the advice of a healthcare provider, or the advice or directive of a local or state public health authority, the directive of a law enforcement officer, or where the tenant has reason to believe that self-quarantine is in the best interest of public health and human safety due to an exposure or high-risk activity.
- A tenant is over 65 or has any health condition that places him/her at enhanced risk for COVID-19.
- A tenant suffered a substantial loss of income from COVID-19, including:
- Job loss;
- Reduction in compensation;
- Closure of place of employment;
- Obligation to be absent from work to care for home-bound school-aged child; or
- Other pertinent circumstances.
Tenants experiencing one of the circumstances outlined above should notify their landlord or property owner as promptly as feasible. The landlord or property owner may request the tenant to provide “reasonably available supporting documentation of their need for relief”. Landlords are not permitted to terminate a lease solely based on information provided by the tenant to satisfy this requirement. Tenants should also acknowledge to their landlord or property owner their understanding that all of the terms of their lease remain in effect.
Neither the March 31 nor April 13 directive relieve tenants from paying rent. Tenants are strongly encouraged to utilize financial resources that may be forthcoming, such as unemployment benefits or stimulus check, to stay current on rent obligations.
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