Effective July 1, 2021 the process for evicting residents who have not paid rent since July 1, 2021 forward will require a new process and forms. The necessary forms for the new non payment of rent process are attached above to this article. These new forms ARE NOT posted under the "Form Section" of MHCO.ORG due to frequent changes mandated by the Legislature. Do not use any forms that you downloaded prior to July 1, 2021 as those forms are out of date. Always download forms from MHCO.ORG on the day of use to make sure you are in compliance with a frequently changing regulatory environment.
Notes on the new process and forms:
- The 10-day (formerly 72-hour) notice can only be issued after 7 days of nonpayment – so if the payment date is the first, then you’d have to wait until the 8th to issue - this did not change under HB 4401.
- However, as you must realize with all the legislative stuff, rents between 4-1-2020 and 6-30-21 cannot be collected before 3-1-2022.
- And notices of nonpayment or FEDs rents for 7-2021+ can commence but (a) only with the eviction protection notice and (b) if tenant provides documentation he/she is applying for funds, the landlord or court has to wait another 60 days. Bottom line is that residents can drag out nonpayments if they want for months is landlord's only recourse is state/federal funds)
MHCO is working on additional tools to help managers and landlords understand the new regulations. Look for a ‘flow chart’ in early August and we will do an extensive Q&A article as questions become more apparent.
The two previous articles by Phil Querin on the new process as a result of SB282 and SB278 which are posted under "Community Updates" are probably worth reviewing now that you have the forms in hand.
This has been a long trying process – MHCO appreciates the efforts of all those involved to draft forms that are useful and accurate. We are especially appreciative of Phil Querin's knowledge and expertise. More information will be forthcoming in the weeks ahead. Thank you for your patience.