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By Caitlyn Powell 02 Apr, 2020
Many of you may have heard that Governor Herbert made an announcement today (April 1st) regarding an Executive Order he is issuing pertaining to rent payments between now and May 15th. We wanted to offer some clarification about what this means, as there has been some confusion and misinformation circulating. Please note that we have attached the exact wording of the order at the bottom of this email for your reference. There is hope that another press conference will be held tomorrow (April 2nd) to explain the specifics of this order. We recommend that you watch that press conference if it occurs as planned. There is also the possibility of state rent assistance for tenants, but we do not have confirmation of this or details regarding it at this time. Please stay tuned to announcements from the state regarding any rent assistance programs they put into place. We will try and keep you informed as we hear more. Key Points to Keep in Mind as You Read the Governor’s Order: 1) This is a Rent Deferment Only. This means that rent will still need to be paid, but that payment can be deferred until May 15 IF, as a tenant, you qualify by having been directly affected by Covid-19. The order does not grant forgiveness of the rent owed nor forgiveness of any fees. Tenants will remain responsible for all rent pursuant to individual rental agreements. 2) The Governor’s Executive Order ONLY pertains to tenants who: a. Have suffered a loss of wages or job loss as a result of Covid-19 b. Have been subjected to a mandatory quarantine order by the Utah Health Department or local health department; or c. Have tested positive for Covid-19 3) If you have been directly affected by Covid-19, as per the above criteria, you must contact us to request a rent deferment, answer questions & provide proper documentation showing that you qualify under the Governor’s criteria, and, if approved, sign a Rent Deferment Agreement. 4) All tenants who have not been directly affected by Covid-19 will be required to pay rent, as normal, with no rent deferment. Governor Herbert’s Order: “NOW, THEREFORE, I, Gary R. Herbert, Governor of the State of Utah, hereby order the suspension of enforcement of Utah Code Title 78B, Chapter 6, Part 8 Forcible Entry and Detainer as the part relates to residential tenants meeting all of the following criteria: 1. tenants described in 78B-6-802(c); 2. tenants who were current on rent payments as of March 31, 2020; and 3. tenants who: a. have suffered a loss of wages or job loss as a result of Covid-19; b. have been subjected to a mandatory quarantine order by the Utah Health Department or a local health department; or c. have tested positive for Covid -19. I further order the Department of Workforce Services to offer free mediation assistance to landlords and tenants when there is a dispute whether the tenant has been directly affected by COVID-19. This Order does not: 1. prohibit evictions for any reason other than evictions for non-payment of rent by tenants who have been directly affected by COVID-19; or 2. create rent forgiveness. Tenants will remain responsible for all rent pursuant to individual rental agreements. This Order expires May 15, 2020.”
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