Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, immigration law, will & estates, real estate law, landlord, tenant, mediation, and general business law needs.
Currently, there is a lot of confusion surrounding this topic between landlords and tenants. We are being inundated with calls from clients who claim their tenants are citing the CDC eviction moratorium and threatening to not vacate the rental premises. Unfortunately, people are confused as to what the moratorium says and the stringent requirements to qualify for this protection.
Effective September 4, 2020, the Center for Disease Control has temporarily stopped certain evictions to halt the spread of COVID-19.
Keep in mind that every adult on the lease or rental contract will need to meet certain requirements and each tenant must sign a declaration to benefit from the new CDC protections.
Who does the CDC Order Protect from Eviction?
To qualify for CDC protections, all the following must be true:
- You must be a residential tenant.
- You must be behind on rent. The CDC only protects against evictions for nonpayment of rent.
- You must have done your best to get government housing assistance, including applying for rent help, government housing benefits, or any other program that may be available in your area.
- Income: You must expect to make no more than $99,000 in 2020 ($198,000 if you file jointly), or you did not have to report any income to the IRS in 2019, or you received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act.
- You are unable to pay your full rent or make a full housing payment due to substantial loss of household income, fewer work hours, layoffs, or medical expenses likely to be more than 7.5 percent of your adjusted gross income.
- You are doing your best to pay your rent, in full or in part. (This does not necessarily mean you have to put rent above all other nondiscretionary expenses, such as medicine or child support.)
- You will become homeless or will have to live in a shelter or other crowded space (including a crowded friend or relative’s home) if you are evicted.
If any of the above is untrue, do not sign the declaration that the CDC order applies to you. Lying on the declaration is perjury.
How Long will the CDC Order Stop Evictions?
The order ends on December 31, 2020. However, the order may be extended beyond this date.
Do I Still Owe Rent and Late Fees?
Yes, you will still owe all rent and late fees. The order only temporarily stops you from being evicted. When the order ends, you can still be evicted for unpaid rent and late fees. You will still owe any fees related to your lease, including interest.
What Does the CDC Order Stop the Landlord from Doing?
The order prohibits your landlord from the following:
- Giving you a Notice to Vacate
- Filing for eviction
Please keep in mind that the CDC order only protects against eviction for nonpayment of rent. If you do something else to break your lease or if your lease expires, your landlord can and will evict you.
To read the CDC eviction moratorium order in its entirety, please see the following: https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-19654.pdf.
For more information on the CDC, visit https://www.cdc.gov/.
Tenants, please do not rely on the CDC eviction moratorium protection as it is not applicable in every situation. It’s in your best interest to continue paying rent on time and avoid eviction proceedings altogether.
I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”
As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!
Why swim alone in shark-infested waters when you don’t need to?