In response to the outbreak of COVID-19, on March 25, 2020 Governor Pete Ricketts issued an order regarding suspension of evictions of residential tenants (the “Order”).
The Order does not cancel any rent payments but defers the right of a residential landlord to evict a tenant who is unable to pay rent due on or after March 13th if the tenant can prove to the landlord that:
- The tenant suffered substantial loss of income resulting from COVID-19 or the related state of emergency; or
- The tenant missed work to care for a relative or child due to notice from a school or a childcare facility that the child may not attend due to closure or attendance limitations related to COVID-19.
The Order also clarifies that a tenant having a confirmed case or suspected case of COVID-19 does not create grounds for eviction. However, all other rights of the landlord, including the right to terminate a rental agreement due to criminal conduct on the property remain intact.
Any landlord should carefully review the Order and further guidance from local, state, and federal officials in regards to the COVID-19 outbreak.
The Order is available here.
Mark L. Brasee
Neil P. Hassler
This article has been prepared for general information purposes and (1) does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. Always seek professional counsel prior to taking action.