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Can Someone Explain The Covid Tenant-Landlord Law?

I know there’s something about landlords cannot evict tenants that cannot pay rent due to COVID, but does that mean he can still charge me $50.00 for every day that I don’t pay?

I don’t know how any of this works, my schedule has a layout where I can’t work too often so there’s less risk of COVID or something.  I work extra shifts that I’m allowed to be able to pay my rent but one day I couldn’t find the landlord and he only takes cash, and at 8am the next day I woke up and gave him the money and explained the situation and he still added the $50.00 late fee for next month. Does the law only apply to tenants that aren’t working or to everyone? I just don’t know how it works if someone can explain. 

Also my lease is month to month if that’s important. 

Update:

Also I only rent a room. He sublets the house we live in. 

10 Answers

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  • Maxi
    Lv 7
    2 weeks ago

    The terms and conditions of the rental contract still stand, so you still owe the full rent and any fees, all it means is the courts are not allowing landlords to court evict the tenant, as soon as the courts are up and back the landlord will evict and you will then get a CCJ against you for none payment of ALL the rent and fees you owe

  • 2 weeks ago

    A state or federal moratorium on evictions doesn't apply to you case, since you're not being evicted.  If you refuse to pay rent, get your tenant agreement terminated for that, and then REFUSE to leave, you could then be subject to a court eviction process. Depending upon what state it is, courts may be open for any sort of eviction and the tenant would have the burden of proving their defense of "inability to pay due to Covid."  Again, that doesn't apply in your case for several reasons.

  • 2 weeks ago

    The length of your lease is irrelevant.  He cannot evict you for your inability to pay rent due to loss of job because of covid, as long as the federal order is in place.  He has every right to add penalties/late fees to the amounts due.  He can evict you for lease violations other than failure to pay rent for lack of work due to covid.  When the federal government lifts the halt on covid evictions, all you owe will then become due.  Obviously, you will not be able to pay it all at once, so be prepared to work out a payment plan to get caught up asap.

  • Anonymous
    2 weeks ago

    if you have a lease (even month to month) and it has a $50 late fee, and that is deemed legal to have such an excessive fee in your state, yes you can be charged 50 per day.

    you paid a day late, this has nothing to do with eviction law, if you didn't wait to the last day, you wouldn't have this problem.

    it is likely 50 per day is illegal as it is excessive, but you can in fact still be charged legal late fees.

  • Amy
    Lv 7
    2 weeks ago

    Yes, he can charge whatever late fees were legal pre-Covid. In fact, he can go through the legal process of evicting you.

    But if the only reason for eviction is nonpayment, the police will not carry out the eviction until the virus is under control. That's because sending millions of tenants to homeless shelters or to squeeze in with family, or worst of all to move between different locations, would spread the virus.

  • 2 weeks ago

    Yes, he can still charge late fees as listed in the lease.  He cannot evict you, but you still owe the rent on time.

  • 2 weeks ago

    The acutal landlord/ tenant law has NOT changed.  There is simply a moratorium on evictions due to nonpayment.  It is not autotmatic either. You have to prove you cannot pay specifically because of the pandemic in most states.  You stated that your failure to pay was NOT due to the pandemic so you would not be protected in most states. You still owe the rent. What ever late fee was stated in your lease still applies in most states. 

    Some states are still allowing no cause evictions on a month to month but some are not. They are not currently allowed here in Oregon. 

    You have to check your state law if that late fee is legal or not. Daily fees like that are not legal in every state. 

  • 2 weeks ago

    We have no idea what the regulations are in your area.

    In my state (California), if you are unable to pay your rent due to a decrease in income due to covid job loss or hours reduction, you are required to notify your landlord with PROOF = BEFORE you are unable to pay rent.

    If you simply don't pay rent, you are still able to be evicted. 

    Your issue does not sound like you would be protected from any late rent issue.

    You didn't pay because you couldn't find your landlord which is not related to covid. 

  • Lisa A
    Lv 7
    2 weeks ago

    Many states/localities have a moratorium on evictions. You are not being evicted.

  • LILL
    Lv 7
    2 weeks ago

    Late fees moritorioums would depend on state law.

    Also, covid eviction moratoriums do not apply to month to month tenants,  the landlord can simply give you a notice to vacate and it you fail to do so, he can proceed with a formal eviction.

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