CLARK BAR UPDATE: FEBRUARY 1ST 2022
Law Offices of Scott M. Clark, PC
Date: February 1, 2022
By: Christopher R. Walker, Esq.
UPDATED NOTICE & MANDATORY EVICTION INTAKE FORM
Dear Valued Client,
As we move into the second month of 2022 it is important to remind everyone that, despite the CARES Act nearing its two-year anniversary, the 30-day non-payment of rent notice requirement remains in place with no sunset date. As such it remains important that all community’s ascertain the type of loan they have and confirm that they are not subject to the CARES Act with their lender. We ask that you audit your loan type and provide to our office confirmation of your loan type so that we can accurately maintain our records and provide the correct attestations in our pleadings to the court.
For those properties that are required to use the 30-day non-payment of rent notice, we recommend that you utilize the 5-30 Non-Payment of Rent Notice available on our portal and attached to this newsletter as a link. This document allows you to file the eviction after the initial five-day cure period’s expiration but requires that the writ of restitution be delayed until at least 30 days post service of the notice to the tenant. If you have any questions on this notice or how to use it, we recommend that you reach out to us directly.
Lastly, please ensure that the attached Mandatory Intake Form is included with all of your eviction requests. We remain obligated to make certain disclosures in the Complaint and this form allows us to gather information to complete those disclosures. Please know, file missing this form will be flagged and the eviction will be delayed until we can get the required information.
• RES RENT 5-30DN CARES ACT COMPLIANT NOTICECLICK HERE
• MANDATORY EVICTION INTAKE FORMCLICK HERE
If you have questions about this information, please consult with an attorney.
Law Offices of Scott M Clark, PC
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