The steep rise in unemployment rates due to the COVID-19 pandemic has caused federal and state governments to intervene. To help Americans struggling with the restrictions, layoffs, and furloughs, temporary bans on evictions were instated last year.
However, as the COVID-19 vaccinations continue and the country adapts to the new normal, states have started lifting their eviction moratoriums.
Maryland is one of these states. On August 15, Sunday, State Governor Larry Hogan’s executive order prohibiting Maryland courts from evicting tenants is set to expire.
Here are several things you need to know about this development:
1. Tenants Won’t Be Evicted Immediately
The emergency order last year had suspended Maryland courts from holding hearings for eviction cases. Once the order expires, courts will be allowed to start reviewing warrants and issuing judgement for Failure to Pay Rent cases.
This means the courts will start scheduling hearings for both pending and newly filed cases. This may take time, giving tenants the opportunity to find a real estate attorney in Frederick, MD that can help their case.
2. Tenants May Still Get Evicted
Due to the expiration of the executive order, tenants may now get evicted even if they have proof that their inability to pay rent is the result of income loss due to the pandemic.
Evictions have been allowed since Maryland’s statewide eviction moratorium was lifted on July 25th last year.
3. The CDC’s Moratorium Offers Limited Protection
A federal order released by the Centers for Disease Control on August 3 provides eviction protection for some tenants. The order temporarily halts residential evictions of tenants living in areas that have a substantial number of COVID-19 cases or high transmission levels.
However, as per CDC data, the limited moratorium will only apply to 14 of the state’s 24 jurisdictions. These include Baltimore City, Anne Arundel, Frederick, and Washington counties. Moreover, the CDC moratorium will not apply to commercial property evictions in those counties.
4. Going to Court for an Eviction Case
Take note that most hearings will require tenants to appear in person. In some cases, the court may hold the hearing via video conference or telephone.
If the hearing requires personal appearance, tenants may still ask to participate via video conference or phone call. Tenants may request for a remote hearing by completing and filing the form for Motion for Remote Proceeding or to Appear Remotely.
5. Resolving Failure to Pay Rent Cases
In the event that a judge rules in favor of your landlord, you are not required to immediately vacate the property. Tenants have up to 15 day extension following the trial as long as they can provide a physician’s certificate as proof that moving out would cause endangerment.
Take note that even if a Court rules in your favor, you will still be required to pay rent. In fact, landlords may continue to charge tenants not only for the lease but also for late fees, other penalties, and even interest.
Get in Touch With a Real Estate Attorney in Frederick, MD
Having the help of a real estate attorney in Frederick, MD raises your chances of resolving the case in your favor. It also helps reduce the stress of navigating the legal proceedings on your own.
At LewisMcDaniels, we provide assistance in handling residential and commercial real estate cases. Call us today and see how we may help you resolve your eviction issues.