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EVICTION UPDATE

| Feb 8, 2021 | Firm News

One of the exceptions to the current eviction moratorium is if the owner, or a family member desires to move into the property. I have seen one judge make the determination that if the property is held in some type of corporate structure, LLC, partnership, etc, that the owner/family member exception does not apply, the reasoning is that a business cannot have family members. I do not think this is a logical interpretation of the law as most small landlords now use some type of corporate ownership structure for tax and liability reasons, and I do not expect most judges to follow that decision and deny the exception to any owner who uses any type of business ownership structure for their property, but, the risk is there. If you are looking to evict during the moratorium to allow yourself or a family member to move in, or for another exception to the moratorium, get good legal advice, which may include making a change to the ownership structure of your rental property.

Ed

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