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Landman Beatty Lawyers wants to keep our clients and the general public informed as to how the Coronavirus, the disease it causes (COVID-19) and the most current government responses to them, may affect our clients,  the general public and certain aspects of the Landlord - Tenant relationship in Indiana.

UPDATED GUIDANCE REGARDING THE CENTERS FOR DISEASE CONTROL (CDC) ORDER

What is the CDC Order Update and what is the effect?

On October 9, 2020 the Centers for Disease Control and Prevention (CDC) of the Department of Health and Human Services issued an update to its September 4, 2020 Order. The key points are as follows:

  1. A landlord is not prohibited from filing an eviction action, even if the landlord receives a CDC Declaration.
  2. A landlord is only prohibited from enforcing a writ of possession until after December 31, 2020 (or the date of the expiration of the CDC Order)
  3. The CDC Order does not prohibit the filing or the enforcing of evictions for reasons other than nonpayment of rent (lease violations, non-renewals, etc.)

With this latest update, landlords can now GET IN LINE by filing eviction actions upon default. This will allow landlords to be better positioned to enforce writs of possession as soon as the Order expires, rather than waiting (potentially months) for a court date due to the anticipated backlog of evictions that will have built up during the course of the CDC Order’s enforcement period.

Additional information regarding the CDC's order and its potential impact on Landlords is available below.

Download The CDC's Mortatoria Order FAQs

 

The information provided herein is general information for the public. It is not intended as legal advice. Specific questions related to the information provided herein should be discussed with Landman Beatty Lawyers or another legal advisor on a fact specific, case by case, basis.