State and Federal Eviction Moratorium Updates for Landlords

If you’re a landlord, then you’re well aware that many state governors enacted eviction moratoriums to protect vulnerable tenants during stay-at-home orders in response to the COVID-19 pandemic. Additionally, certain metropolitan areas (including Atlanta and Boston) issued moratoriums of their own, while some state Supreme Courts also intervened by issuing emergency orders halting eviction proceedings. In some instances, evictions were allowed at the discretion of lower courts. The federal government also got involved when the Director of the Centers for Disease Control (CDC) issued an executive order halting certain evictions based on nonpayment of rent. The CDC’s order was much more limited than most state and local moratoriums, requiring tenants to take certain actions to stop the eviction process from moving forward. These moratoriums are likely to put landlords in a financial and moral bind. While nonpayment of rent can threaten your livelihood, especially in the absence of additional federal relief for small businesses, no one really wants to throw someone out of their home while COVID-19 and its variants are still a threat and workers are still suffering from massive job losses and loss of income. While we are all hoping for a miracle recovery by year’s end, the health of the economy still remains tentative at best.  It’s a tough time for landlords and tenants, as the novel coronavirus continues to upend life as we know it. Understanding which eviction moratoriums apply to your rental property, when they expire, their scope, and related details will help you make informed, legally defensible decisions.  Lease Confidently with Rocket Lawyer Get all the legal help you need to manage your property. Anytime. Anywhere. Get started now Is there an eviction moratorium that is still active in my property’s state right now? Most eviction moratoriums that were enacted at the state and

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2021 Eviction Moratorium Extension and Tenant Rent Relief Update

Millions of Americans continue to struggle financially as businesses big and small fight to stay afloat amid repeated pandemic shutdowns and re-openings. Renters, in particular, worry about the possibility of eviction when they don’t have the money to pay rent. A federal nationwide eviction moratorium had been in place since March 2020. Congress issued the first moratorium as part of the CARES Act. The CDC stepped in after the expiration of the CARES Act moratorium to issue its own moratorium, which has been extended numerous times. We’ll discuss the current state of the eviction moratorium and renter protections, Congressional actions, President Biden’s plans to help struggling tenants, and steps you can take to protect your interests as a renter. Need to get rent payments back on track? Set a deadline or a schedule for late payments in a legally binding contract. Get started now Which state and federal eviction moratoriums remain in place? The federal moratorium that ended at midnight on January 1, 2021 was immediately extended to January 31. President Biden had the CDC extend the federal moratorium through March 31 right after his inauguration on January 20. The $1.9 trillion American Rescue bill was passed and signed into law in early March, but the bill did not include an extension of the eviction moratorium. It did, however, provide $30 billion in additional funding for emergency rent relief programs. The CDC extended the nationwide eviction moratorium on May 29, 2021. That extension was through June 30, 2021. The CDC issued another extension, saying this would be its final extension, on June 24, 2021. This last extension ended on July 31, 2021, but due to intense pressure from Congressional Democrats, the CDC issued yet another extension through October 3, 2021 for counties nationwide with substantial and high levels of community

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Federal Holidays & Overtime Pay: How to Calculate Time and a Half

Holidays are usually a time for celebration, reflection, or remembrance, but for small business owners and employees, holiday pay policy can be confusing. Here’s a brief refresher on what’s legal for holiday, overtime, and vacation pay. Need pay and benefits documents for your employees? Put your compensation and time off policies in writing. We make it affordable and simple. Get started now What are federal holidays in the U.S.?  Federal holidays are holidays observed by the U.S. government. While a majority of government offices are closed on these days, small business owners and other private employers have the option of staying open. Businesses that close on federal holidays are not required to pay their employees for the day off, and those that stay open are not obligated to pay employees extra for normal work hours. In general, holidays are considered regular workdays and employees receive their normal pay for time worked. If the federal holiday falls on a weekend, it is generally observed on the closest weekday. The U.S. government lists these days as federal holidays:  New Year’s DayBirthday of Martin Luther King, Jr.Washington’s Birthday (also known as Presidents Day)Memorial DayJuneteenth National Independence DayIndependence DayLabor DayColumbus Day (or Indigenous Peoples’ Day)Veterans DayThanksgiving DayChristmas Day What are paid holidays?  Paid holidays are not required in the United States, however some employers may decide to provide compensation to their employees as a matter of policy, as laid out in an employment contract or employee handbook. In addition to the federal holidays listed above, other paid holidays might also include:  Good FridayEasterThe Friday after ThanksgivingChristmas EveThe day after Christmas (also known as Boxing Day)New Year’s EveOther commemorative holidays like César Chávez Day Ultimately, paid holidays are up to each employer to define. If you have questions about documenting your holiday policy, ask a

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Disaster Relief: 7 Tips for Making a FEMA Claim

Update:President Biden has approved disaster declarations for both Louisiana and Mississippi in response to the damage caused by Hurricane Ida. President Biden also signed a major disaster declaration on August 24 for four counties in the state of California due to the massive wildfires burning in the northern part of the state. In the aftermath of disaster, it can be hard to know where to turn for help. Homeowners whose properties are damaged during a hurricane, tornado, wildfire, severe winter storm, or other natural disaster may have insurance that will cover their expenses. Others may not be so lucky. For homeowners and renters in need of financial assistance that is not covered by insurance, the Federal Emergency Management Agency, or FEMA, is the agency to turn to for essential government aid.  For some, the process of making a FEMA claim can be overwhelming or tedious, but it pays to stick with it. We have compiled the following tips to help you make a FEMA claim and get the disaster relief that you need. Concerned about storm or wildfire damage? Use RocketEvidence to capture video before and after the fire or storm, and share your question with an attorney. Get started Tip #1 – Document the Damage When the storm passes, your first instinct may be to start cleaning up the debris from your yard and attempt to undo the damage that has been done. However, it’s incredibly important that you take time to document the damage before you start the process of cleaning, fixing and getting back to normal. One of the first things that you should do is take photographs of the property. Don’t forget the detail shots that may better show the extent of the damage. It’s also a good idea to shoot video of your property in

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Hurricanes and Wildfires: How to Prepare for a Natural Disaster

Wildfires, floods, hurricanes, and tornadoes can cause massive amounts of damage and loss of life. While the disasters themselves can’t be eliminated, there are things you can do to prepare in case a wildfire or hurricane hits close to home. Preparation means preparing your home to avoid damage, taking your insurance documents and contact information with you, and having a solid emergency plan to keep you and your family safe. Here are some tips to help you prepare for specific events. Concerned about storm or wildfire damage? Use RocketEvidence to capture video before and after the fire or storm, and share your question with an attorney. Get started How do I prepare to leave when asked to evacuate during a wildfire? Evacuating your home due to wildfires is never an easy decision. It can be heartbreaking to leave your home behind. But remember that your possessions are insured and monetary things can be replaced. It’s most important that you listen to the evacuation orders when they’re given because they are not given lightly. If you live in an area where wildfires are a major risk, you should make a wildfire emergency plan for your family to follow. This helps you to remain calm and will give you a checklist so that you don’t forget anything important. You should have a supply kit and bags packed and ready to go as part of your emergency plan. You might include irreplaceable things, as well as food and first aid items. There are a number of things you can also do to help protect your home and neighbors during the event. Ready for Wildfire provides an excellent list of essential reminders. How do I prepare to leave when asked to evacuate ahead of a hurricane? Hurricane evacuation is very similar to wildfire evacuation.

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2021 COVID-19 Student Loan Repayment Relief

Average individual student loan balances in the United States increased to over $38,000 in 2020 according to Experian, the credit reporting company. This is a tremendous amount of debt that students take on to further their education and improve their career opportunities upon graduation. When the pandemic hit, many recent graduates lost their jobs as a result of the worldwide disruption. This left many borrowers without income to repay their student loans and wondering if there would be any COVID-19 student loan repayment relief available to them.  President Trump introduced loan forbearance in 2020 to provide temporary help. President Biden has extended this protection and has also raised the possibility of more extensive loan forgiveness as an option in these unprecedented times. Here is what you should know about COVID-19 student loan relief. Need a break on your student loan payments? Make a free Hardship Letter to send to your lender. We make it affordable and simple. Get started now re federal student loan payments suspended during the pandemic? The CARES Act, signed into law in March 2020, offered a temporary pause in federal student loan payments due to the pandemic. This pause lasted through September 30, 2020. Further extensions by President Trump left the suspension in place through January 31, 2021. As a result, payments on federal student loans were not required for most of 2020.  When President Biden took office, one of his first actions was extending this pause through September 30, 2021. The pause has now been extended once again through January 31, 2022. This gives former students even more breathing room to focus on their pandemic financial needs for the time being. re payments on private student loans suspended during the pandemic? The laws signed by President Trump and President Biden extend only to federal loan

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Focus on Financial Planning: Last Will and Testament

No one wants to think about dying, especially when young and healthy, but tomorrow is never guaranteed. Leaving this world unprepared can result in confusion and expense for your surviving loved ones. That’s why it’s important to consider your Last Will and Testament as part of your broader financial plan, even though it won’t take effect until after you die.  Your estate — which includes your assets and financial affairs — will, by definition, outlive you. So it makes sense to treat your estate with the same care and planning that goes into your career choices, investments, and retirement plan. No, you can’t take it with you, but wouldn’t you rather have a say in how your estate is handled after your death, as opposed to leaving it up to the courts? Let’s discuss the importance of drafting a Will, what’s involved, and how your Will fits into your broader financial plan.  Got a legal question? Get legal advice in minutes. Real Lawyers. Real Answers. Right Now. Get your answer What exactly is a Will? A Last Will and Testament — often just called a Will — is a legally binding document where you leave instructions for how your money, property, and other assets should be handled after your death. It’s also an opportunity to pass on items of sentimental value or personal messages to loved ones. Your Will doesn’t take effect until you die. To write a valid Will, you must be mentally competent. This means, for example, that you may not sign a Will if you have been diagnosed with dementia. In most states, you will need at least two witnesses who are 18 or older to observe your signing of the Will and vouch for your mental competence. Although there are instances when it may make sense

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Do I Need To Pay Taxes On Private Sales Transactions?

The short answer is “yes.” In most cases, the IRS and your local tax agencies expect tax payments for gains received on larger transactions. While the details of private sales transactions may be difficult for tax agencies to track, legally you are obligated to report your capital gains on items you sell and to pay local taxes on items you purchase. Got a tax question? File confidently with legal advice from Rocket Lawyer On Call® attorneys and tax advice from our partners and friends. Get your answer Tax obligations when you sell a car If you sell a personal vehicle (car, truck, motorcycle, boat or other vehicle for personal use) for a loss, the IRS is generally not interested in the transaction. However, if you sold the car for a profit, you should report that profit as a capital gain. The gain will be classified as either “short term” or “long term,” depending on how long you owned the vehicle. An IRS Schedule D is used to report your capital gains and includes worksheets to help you determine your adjusted cost basis, so you can properly report net gains or losses. If you put a lot of permanent work into improving the vehicle, you may be able to deduct some of those costs from the gain to help reduce your tax obligation. If you sell quite a few vehicles, the IRS may have reason to believe you are in the professional car sales business. Of course, if you are in the car sales business, you’ll want to report your income taxes, capital gains taxes, and business taxes appropriately to avoid issues with the IRS. Tax obligation when you buy a car through a private sale When you purchase a vehicle through a private sale, you must pay the associated local

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How Should Employers Respond to Workplace Injuries?

Serious workplace injuries happen every day across America. No employer wants to see employees injured while doing their jobs. Unfortunately, accidents happen no matter how much you try to avoid them, but if you are prepared, you will know what to do. Understanding workplace injuries, taking preventative measures to avoid them, and developing a plan of action in response to an injury are all “must-dos” for good employers. Need to make a Work Injury Report? Properly record what happened in a simple interview form. We make it affordable and simple. Get started now What are the most common workplace injuries? The most common workplace injuries are some of the most preventable. Careful planning can help workers avoid injuries that can affect them for the rest of their lives. 1. Slips, trips, and falls Falls make up roughly one-third of all injuries in the workplace. They are the number one cause of workers’ compensation cases across the United States. Although a trip or slip may seem minor, they can result in serious head or neck injuries, broken bones, or a lot of other health problems. 2. Working with machinery A machinery accident is not unusual in a factory, construction, or farm setting, but it can happen any place where workers engage with heavy machinery. Getting your body caught in moving equipment can result in long-term debilitation. 3. Vehicle-related accidents Car accidents happen every day. Some are the result of employees spending time on the road for work-related reasons. Other injuries occur when workers are struck by moving vehicles in a work setting, such as in a warehouse or shipping/receiving area. 4. Fires and explosions Fires and explosions do not happen often, but when employees work with combustible materials, those workplace accidents can be severe—affecting multiple workers at one time. Burns and

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Keep Renters From Burning Down Your Property on the 4th of July

Independence Day celebrations are almost here, and with them comes the risk of accidents and fires. While most people take precautions, landlords have an additional worry when it comes to their tenants. Here are some property management techniques that can help prevent or reduce property damage and personal injuries caused by fireworks and fire on the 4th of July. Lease Confidently with Rocket Lawyer Get all the legal help you need to manage your property. Anytime. Anywhere. Get started now Can you stop renters from setting off fireworks on your property? There are two ways to potentially stop renters from shooting off 4th of July fireworks on your property. One is through your lease and the other involves local laws. Your lease may have a list of rules or it may refer to a separate list of rules, like zoning or homeowners association bylaws. For example, a lease at a multifamily home may refer to separate community rules for things like pool hours. Your lease or the rules themselves may give you the authority to modify these rules at any time. This is useful because a fireworks clause is not a common lease term. If your lease enables you to make rules, you can notify your tenants in advance of the holiday that fireworks are not allowed on the property. Many local laws and ordinances also prohibit fireworks. A reminder is enough to stop many tenants from using fireworks. If your tenants break these laws, especially if it disturbs other people or causes property damage, you may have the right to evict for illegal activity.  You can use the Rocket Lawyer Eviction Process Worksheet to determine whether you can evict and what steps you can take. Keep in mind that local laws will vary on whether setting off fireworks is

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