Eviction Under CARES Act

Indiana requires all landlords to provide a notice to a tenant when the tenant fails to pay rent as required.  The notice informs the tenant that the landlord believes the tenant has breached the lease agreement by failing to make payment of rent.  The notice further states that the landlord is providing the tenant with an opportunity to pay back rent within a period of time or the landlord will proceed by filing a case through the court system for eviction.

COVID-19 has played an impact on the notices that Indiana requires the landlord to provide to the tenant.   Prior to the COVID-19 outbreak, this notice must have been provided to the tenant at a minimum of 10 days before filing a case with the courts.  The CARES Act has impacted the amount of time in which to provide notice to the tenant before filing a court case.

If a property being rented is a federally-subsidized apartment, or supported by HUD, USDA, or the Low Income Housing Tax Credit, the CARES Act requires you to provide 30 day notice to the tenant before filing a court case. Also, if the property being rented is a single-family dwelling and is backed by a federally financed mortgage through FHA, Fannie Mae and Freddie Mac mortgage, provides a 30 days, the tenant must provide a 30 day notice before filing a lawsuit.

If the property being rented does not fit in the scenarios listed above, the standard 10 day notice is required.

If you have any questions about this and what might be required for an eviction under the CARES Act, please contact us for more information.

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