COVID rent relief: What happens when the CARES Act expires if you can’t pay?

The eviction moratorium established by the federal CARES Act runs out tomorrow, meaning as many as 23 million US families who are behind on rent could potentially lose their housing in the coming weeks. Federal eviction protections end July 25 and the federally enhanced unemployment benefit adding an extra $600 per week expires just days later. If Congress doesn’t pass a short-term extension of unemployment relief as well as an extension of the eviction ban before the next stimulus bill becomes law, housing advocates expect a “tsunami of evictions.”

In fact, some landlords are reportedly already filing for evictions in violation of the law, even before the protection ends.

Meanwhile, statewide eviction prohibitions have mostly either already expired or will soon, many with no replacement in sight. Michigan, for example, let its eviction moratorium lapse, as have several other states. A handful of states never canceled evictions to begin with.

Where does this all leave you? Is August rent still due on the first or can you still get an extension? Can your landlord evict you now if your payment is late? Which laws, if any, can help you keep your home as you weather the coronavirus recession? Will there be another stimulus check and rescue package that might help?

Here’s where things stand now and what analysts are predicting might happen as Senate negotiations continue. Note that this story is updated frequently as the situation develops. It’s intended to provide an overview, not to serve as financial advice.

A new eviction moratorium from the government? The latest news

• Sen. Kamala Harris introduced a rent relief bill last week that would ban evictions for the following year, eliminate penalties and late fees and give renters 18 months to catch up on any back rent.
• Sen. Elizabeth Warren pitched a similar bill last month, but neither has been called to a vote.
• Mass evictions could help spread coronavirus even further than the current surge in US cases if Congress doesn’t act, health experts have warned.

Senate Republicans have reportedly reached an agreement with the White House on several cornerstone provisions, according to Treasury Secretary Steven Mnuchin, speaking to CNBC. Here are some of the details that could relate to rent relief or additional financial support:

• A second stimulus check is likely, although the monetary amount and who will be eligible are unclear.
• Another round of paycheck protection plan loans, which are forgivable, for businesses that have lost 50% or more revenue, could be part of the deal.
• The White House could introduce a payroll tax cut at some future point, which could result in a larger take-home paycheck and less federal withholding.
• An extension of enhanced unemployment benefits is in the cards, but at 70% of the worker’s previous salary rather than the $600 flat-rate bonus that recipients have been getting for the last four months.
• A possible reduction from $600 to $200 of the flat-rate federal unemployment enhancement, possibly in phases, has also been suggested by some Republican lawmakers.

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What the White House hasn’t mentioned yet

• The federal eviction ban set to expire completely in August has not been addressed, which could potentially leave almost a third of all US renters vulnerable to eviction.
• Financial relief for renters affected by the coronavirus, like the funds incorporated into the House of Representatives’ HEROES Act that the Senate refused to vote on, may or may not become part of the second stimulus package.

How states are dealing with coronavirus evictions and rent

Early on in the pandemic, most state governments enacted some sort of eviction ban, but many of those have already expired, or will do so soon. Some states have extended rent protections, as California did at the end of May. 

New York Gov. Andrew Cuomo signed a bill banning evictions across the state for nonpayment of rent due to the coronavirus and Florida has extended its eviction moratorium as well. Several other states, such as Texas, have let such protections lapse, however, leaving renters to fend for themselves. 

To find out the status of eviction protection in your state, legal services site Nolo.com maintains an updated list of state eviction provisions. If you’re seriously delinquent or know you will be soon, you may want to consult a lawyer to better understand how laws in your area apply to your situation. Legal Aid provides attorneys free of charge to qualified clients who need help with civil matters such as evictions — you can locate the nearest Legal Aid office using this search tool. 

What happens after eviction protections end?

The federal CARES Act that was passed in March temporarily banned evictions and late fees until July 25. It also required a 30-day notice to vacate before you can be evicted. If you live in a property covered by the CARES Act, the soonest landlords can ask you to leave is July 25, and the soonest they can file an eviction to force you to leave is Aug. 24. Also, they can’t charge you late fees until after July 25. 

Whether or not those deadlines get extended, however, won’t be known until after the Senate decides on a second stimulus bill.

This part is especially important. The protections spelled out in the CARES Act only apply to properties that receive federal funds or are financed under a federal program like Fannie Mae or Freddie Mac. This is where things get tricky: If your landlord owns your building outright or financed the property without going through the handful of federal programs that guarantee most mortgages and doesn’t get any government assistance like Section 8 money, the CARES Act won’t apply to your situation.

For tenants of single-family homes or apartments in buildings with four or fewer units, it’s going to be tough to find out whether this law applies to you. But if you live in a multifamily property with five or more units, there’s a tool published by the National Low Income Housing Coalition that’s designed to tell you if the property where you live is covered under the CARES Act. Just enter your ZIP code and scroll through the list of properties looking for yours. (Searching within the page didn’t work for us.)

There’s one more wrinkle, however. Just because your building isn’t listed doesn’t necessarily mean it’s not covered — the tool only tracks properties with five or more units, and it might not even cover all of those. So if you rent a single-family house or an apartment in a building with four or fewer units, it may not be listed even if the property falls under the CARES Act. 

Online tools that can help you find resources

Nonprofit website 211.org connects those in need of help with essential community services in their area. It’s recently set up a portal for pandemic assistance. If you’re having trouble with your food budget or paying your housing bills, you can use 211.org’s online search tool or dial 211 on your phone to talk to someone who can try to help. 

Another nonprofit, JustShelter.org, puts tenants facing eviction in touch with local organizations that can help them remain in their homes or, in worst-case scenarios, find emergency housing.

The online legal services chatbot at DoNotPay recently added a coronavirus financial relief tool that the company says will identify which of the laws, ordinances and measures covering rent and evictions apply to you, based on your location. 

DoNotPay is a service that will draft and send a letter to your landlord on your behalf, asking for either deferred payments or to waive late fees. Here’s how to set up an account and use the DoNotPay chatbot.

Ask your landlord for a reduction or extension

In almost all instances it’s probably best to work out an arrangement with your landlord or leasing agency, if at all possible. Although some landlords have reacted to the pandemic by reportedly putting even more pressure on tenants to pay up, other landlords have risen to the occasion, some going so far as to stop collecting rent payments for the next few months.

It may be worth approaching your landlord to see if you can pay less rent in the coming months, or spread payments for the next couple of months’ rent out over the next year. As renters across the country organize rent strikes and more community leaders push for rent freezes, your landlord may prefer such an arrangement to not receiving any rent at all.

Just be wary of landlords who make excessive demands. For example, some have asked tenants to turn over their $1,200 stimulus check or any money received from charity as a condition for not filing an eviction order. Don’t agree to unreasonable conditions or terms you won’t be able to meet, especially if your city or state has enacted protections against such arrangements.

If you’re concerned about your financial situation these days, consider these 28 ways to save money during the pandemic and get some free financial advice from these six organizations. And here are some money basics that might be able to help you through a tough time.