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        COVID-19 Tenant and Homeowner

Clarification on Eviction/Foreclosure EO 20-10

 

Disclaimer: This is not legal advice

 

Clarification:

The intent behind Governor Kelly’s Executive Order 20-10 is to stop any new legal eviction or foreclosure proceedings from occurring for individuals experiencing “financial hardship resulting from the COVID-19 pandemic”. This order went into effect March 17th and currently is set to expire on May 1st or when the statewide State of Disaster Emergency expires, whichever is earlier. If a legal eviction or foreclosure proceeding started before March 17th then that could be allowed to continue. This does not mean tenants or mortgage holders do not have to make their rent or mortgage payment. Rent and mortgage payments are still due. After the Statewide Disaster Emergency expires landlords and lenders are encouraged to negotiate payment plans to address missed payments and late fees.

 

Advice to tenants:

If a tenant is feeling especially pressured by a landlord or ordered to evict they have a few options:

 

First, read Governor Kelly’s EO 20-10 (https://governor.kansas.gov/executive-order-no-20-10/) and the Kansas Residential Landlord and Tenant Act (http://www.kslegislature.org/li/b2019_20/statute/058_000_0000_chapter/058_025_0000_article/) to understand their rights.

 

Second, please document all communication between tenant and landlord and consult a lawyer before making a decision. If they cannot afford a lawyer then they need to contact Kansas Legal Services who might be able to assist them, https://www.kansaslegalservices.org/. For example, Kansas Legal Services provides information like this, https://www.kansaslegalservices.org/node/2309/free-legal-advice-april-9-ask-lawyer. Basically every second Thursday of the month people can call a number and get free legal advice over the phone, this is provided by the Kansas Bar Association.

 

Third, If anyone tenant or landlord has a question about EO 20-10 call 785-368-8500 the Governor’s Constituent Services line. We are experiencing a high volume of calls however they should be able to get to us after a short hold.

 

Constituent Services number: 785-368-8500

Kansas Legal Services number: 1-800-723-6953

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