A Long-Awaited Win For Landlords
Last night, the U.S. Supreme Court lifted the Centers for Disease Control and Prevention (CDC) pandemic-related federal moratorium on residential evictions. This Order comes from a challenge to the policy brought by an alliance of real estate trade groups and landlords claiming they have suffered irreparable harm by depriving them of rent payments with no guarantee of eventual recovery.
The opinion asserts that the CDC lacked the authority to impose the moratorium under the federal law the agency was invoking. The court states it is up to Congress, not the CDC, to decide whether the public interest merits further action. Therefore, if a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.
What Can Landlords Do Now?
If you have a tenant who is past due on rent, you can now seek a money judgment and a judgment for possession against them. The magisterial courts have a jurisdictional limit of $12,000 or less, but you can also file in state court if the past-due rent exceeds this amount.
Pennsylvania law additionally allows the attachment of wages for a monetary judgment obtained by landlords for past-due rent arising out of a residential lease. This wage garnishing process can begin after a money judgment is entered in favor of the landlord and is a good way to recover rent and other associated costs from your prior tenant.
Contact attorney Michael Mazack if you have questions about the recent U.S. Supreme Court decision on the moratorium for residential evictions or the process regarding landlord/tenant matters. Both attorneys can be reached by phone at 724-776-8000 or by email at firstname.lastname@example.org.