On March 17th, 2020, the Governor of Kansas, Laura Kelly, issued an executive order to put a temporary moratorium on evictions and foreclosures until May 1, 2020. In short, this means that courts will not hear eviction or foreclosure cases. This does not mean that tenants and homeowners to do not have to pay rent/mortgages. The following update has more details on what this means:
MARCH 20, 2020 - REVISED UPDATE FROM HOUSING AND CREDIT COUNSELING INC. ON PAYING RENT AND EVICTIONS DURING THE EVICTION MORATORIUM
LATE RENT & EVICTION - Due to the impact of COVID-19, many people are in fear of or have already experienced having their work hours reduced or losing their jobs. Therefore, tenants should begin planning a course of action to remain current with their rent. In order to assist, HCCI is providing the following tips:
Understand, though Kansas courts may have a pause on civil court proceedings due to COVID-19, it does not mean you don’t owe rent. You can still be evicted later for not paying all rent money due.
Contact your landlord immediately to explain that due to a sudden and unexpected loss in income, you will not be able to pay the rent.
Remember, this national emergency is not only happening to you, but to the landlord as well. Both parties should try to work together. Being a landlord is their job and how they derive income. Many landlords depend on rent payments to pay their mortgage and/or other bills.
Ask for a rent payment plan which would outline a weekly, bi- monthly or monthly payment in order to get caught up. The landlord does not have to accept a payment plan, but if accepted, get it in writing. A tenant should only offer to make arrangements to pay what they can actually afford. Both parties must agree on the amount paid, and should sign the pay agreement, each receiving a copy.
Always get a receipt for any rent paid.
Late fees can only be enforced if outlined in a rental agreement. Ask your landlord if she/he can set aside any late rent fees due to this unusual pandemic. If the landlord agrees, get the agreement in writing. A landlord does not have to comply, but many, if they can, want to help.
Any additional income, for example, a government stimulus check, or IRS tax refund, could be set aside in a savings account for rent or should be sent directly to the landlord once received to cover rent payments. In other words, don’t make a big purchase with that money. Use if for necessities such as shelter or prescription medication. Your city may have a list of resources for rent and other assistance. HCCI has resource lists for Topeka, Lawrence, Manhattan and Emporia, if needed.
Important – The above is general information. There are significant specifics regarding late rent and the eviction process and each situation can be unique. Therefore, contact HCCI for FREE telephone counseling regarding late rent, eviction or other rental related issues at 785-234-0217. Your name and number will be placed on a call log and you’ll be called back in the order of your call.
Housing and Credit Counseling, Inc. www.hcci-ks.org 800-383-0217