Battle Born Injury Lawyers
Free Consultation 702.570.9000

Breaking Down the Law: Nevada's eviction moratorium extension

Rent Moratorium Extension

On Monday, Governor Sisolak announced a 45-day extension of the Moratorium on Rental Evictions.

The Moratorium was set to expire on September 1st.

An estimated 250,000 or more Nevadans face eviction for not paying rent since the COVID restrictions began.

What does the Moratorium mean for Nevadans facing eviction, and where do things go from here? Here to discuss the issue is attorney Matt Hoffmann with Battle Born Injury Lawyers.

Thanks, etc.

  1. So the Governor has extended the Moratorium for an additional 45 days – why was it extended, and what could change between now and 45 days from now to help people avoid eviction?
  • The question of “why” it was extended has obvious and non-obvious reasons.
    • And it is not without controversy.
  • So the obvious reason is to avoid having hundreds of thousands of people being evicted and potentially left with nowhere to live.
  • But there are other reasons as well.
  • First, some speculate the Moratorium was extended, in part, to cover the backlog of Nevada’s Unemployment benefits.
  • Barbara Buckley is now heading the department, and she acknowledged the office was staffed to handle a 3% unemployment rate, not a 30% rate.
  • So the extra 45 days gives extra time for people to get their unemployment and extended unemployment benefits and pay rent.
  • Another reason is to allow the processing of claims under the CARES Act, which provides funds for qualifying individuals for rental assistance.
  • This will allow landlords to get paid in some circumstances.
  • Many landlords, such as owners of apartment complexes, have been stuck paying their monthly loan payments despite receiving greatly reduced rents.
  • However, some Critics have questioned whether there is an ulterior motive.
  • We are 60 days away from the Election.
  • Mail-in Ballots are scheduled to go out in late September/early October (about 30 days from now).
  • Mail-in ballots cannot be forwarded from an address if that is the address on file.
  • So there is speculation that the Moratorium was extended, in part, so people will be at their residences long enough to receive mail-in ballots.
  • And evictions take time, with the Moratorium now ending right before early voting begins.
  • I won’t take a position on this argument, but the timing of the Moratorium as to voting dates is accurate.
  1. So what happens once the Moratorium is lifted?
  • It is going to be a very difficult situation for a ton of people.
  • One of the things that doesn’t get discussed much is the fact it’s not just eviction that people will be facing.
  • Remember that a rental agreement is a Contract, with a Financial obligation.
  • So not only could people be evicted, they could then be sued for Breach of Contract for back-rent.
  • So not only could we see people evicted from their homes – we could see their credit damaged or judgments causing people to file for Bankruptcy.
  • And we could see a number of large apartment complexes either go into foreclosure or get sold, meaning people who paid their rent could see a new owner, meaning rents could be raised or their rental leases may not be renewed.
  • I hate to be all doom and gloom, but extending the Moratorium may help in the short-term, but in many ways it is just kicking the can to delay the inevitable.