Navigating Legal Rights During Pandemic-Induced Evictions: A Guide for Renters in Missouri
The current situation has raised questions about the legal rights of renters facing evictions during the pandemic. This guide will help you understand your rights and the steps you can take to protect yourself.
Introduction to SAFHR for Renters
The Shelter from the Affordable for Renters (SAFHR) is an assistance program administered by the Missouri Housing Development Commission (MHDC) and funded by the federal government's COVID-19 stimulus package. This program provides resources to help renters during these challenging times.
Legal Rights Amidst Evictions
Despite the pandemic, landlords in Missouri still have rights and responsibilities. Tenants must still pay rent, and failure to do so can result in eviction following due process.
However, the moratorium on evictions for tenants impacted by the pandemic has provided temporary relief. The moratorium applies only to tenants experiencing financial hardship due to job loss, medical issues, or other COVID-19-related reasons. Once the moratorium is lifted, tenants are responsible for paying back any rent they owe.
Understanding Tenant Evictions in Missouri
Evictions in Missouri are governed by state laws, specifically the Missouri Revised Statutes (MRS) Chapter 446. Tenants have certain legal rights and protections that must be respected by landlords and courts.
eligible tenants vs. legal evictions
Not all eviction cases are the same. The moratorium applies exclusively to tenants who are unable to pay rent due to the pandemic. If a tenant has been evicted legally through the court system, it is usually because the tenant did not meet their responsibilities under the lease agreement, such as non-payment of rent.
Due Process and Legal Challenges
Even if a tenant has been legally evicted, they still have rights. It is important for tenants to understand that they have the right to a fair and just hearing in a court of law. If a tenant believes they were evicted unlawfully, they can challenge the eviction in court. Evidence such as receipts, unemployment records, and a certified letter containing a notarized CDC form can be crucial.
Steps to Take During an Eviction Process
Here are some steps you can take if you are facing an eviction:
Paying Rent
Paying the rent you owe, and continuing to do so every month, is a crucial step. This helps to mitigate the risk of eviction and ensures you remain in compliance with your lease agreement.
Applying for Rent Assistance
There are various programs available to assist tenants with their rent payments. Applying for these programs can provide you with financial support during this difficult time. The Missouri Housing Development Commission (MHDC) and other federal agencies offer resources and assistance to help tenants.
Gathering Documentation
Collecting and organizing documentation is essential. This includes receipts, stubs, unemployment records, and any other relevant evidence that can be used to support your case if you need to challenge the eviction in court.
Appearing in Court
It is crucial to attend any court dates that you are notified of. If the eviction is due to a breach of lease, you should take steps to correct the issue. If the eviction is due to non-renewal, you should consider moving to a new rental property.
Communicating with the Landlord
Effective communication with your landlord can help you avoid eviction. Talk to them about your situation and try to find a mutually agreeable solution. This can help to prevent the eviction from becoming a lengthy and costly process.
Conclusion
Evictions during the pandemic present unique challenges for tenants. By understanding your legal rights and taking proactive steps, you can navigate the process more effectively and protect your housing rights.