COVID-19: What You Need to Know About Evictions, Court Dates, Violations of Stay-At-Home Orders, and More
COVID-19 (“coronavirus”) is affecting and changing many of the laws, rights, and institutions that are part of our daily lives (even if just temporarily). It’s causing historic levels of joblessness (which has also created new laws expanding eligibility for unemployment benefits) and has temporarily shut down a number of government functions. Because of the rapid pace of change, that’s created uncertainty and questions about evictions, rent, utilities, traffic tickets, and criminal charges, among others. Here are answers to some of the questions we’ve gotten most recently:
Will I be evicted if I can’t pay my rent because of coronavirus?
The short answer is, no. Thus far the Chief Justice of the North Carolina Supreme Court has ordered that only essential functions of the courts will proceed until June 1st. In other words, the only functions that may proceed with the usual speed are those required by the Constitution like bail hearings. Evictions are not considered essential. While the eviction hearing might be postponed, you still have an obligation to pay rent, and the court may award landlords past due rent in addition to possession of the premises (eviction) once the courts return to normal operations. Based on the status of the epidemic it is possible the Chief Justice will extend her order into July or beyond. We will update this post if the opening of the courts is suspended further.
Will my power and water be shut off if I can’t pay because of coronavirus?
Right now, no. The major providers of power and water in Wake County, Orange County, and Durham County have suspended disconnections as long as the state of emergency declared by the Governor is in effect. Most of the major providers have also suspended and forgiven late payment fees, which would ordinarily be charged for late payment on an account. If your power and/or water was shut off before the crisis, some providers are offering free re-connection during this period. Anyone whose power and/or water was shut off for non-payment before the crisis should contact their provider to see if there are re-connection options as a result of the state of emergency.
If I have a traffic case or a criminal case pending, what happens to my court date?
If you have a court date for your traffic ticket or criminal case but you are unsure about the status because of the court closures and government orders as a result of coronavirus, you should first check here. Scroll down to the section headed, “Find my court date”. Enter your last name, comma, first name – no spaces. Almost every case has been continued beyond June 1st. If you don’t see your case or if your case is still scheduled for anytime before June 1st, you can contact us for help.
Can I get in trouble if I violate a state or municipal order regarding coronavirus?
The state and many municipalities have issued orders limiting business operations and public gatherings as a result of the coronavirus pandemic. Generally speaking, it is a class two misdemeanor to violate any of these emergency orders. If you are stopped by the police and questioned about what you’re doing, or where you’re going, the Constitution still applies and you do not have to answer. If in doubt about your rights see our legal guide here. If anyone is charged for violating these orders, the most likely defendants will be those who are also charged with something else (for instance possession of illicit drugs; we expect law enforcement officers to use this order as a pretense for stopping vehicles that will result in more searches) or defendants who are charged with aiding and abetting (your employee gets pulled over, for example, and says you ordered them to work in violation of an existing order). If you have any questions about the criminal ramifications of coronavirus, or if you receive a charge or citation for anything coronavirus-related, you should contact us immediately.
My business is shut down by the crisis, so can I make an insurance claim for “business interruption” on my commercial policy?
As of right now, probably not. Lawsuits have begun in multiple states over whether the “business interruption” coverage in many commercial insurance policies covers the coronavirus shutdown. Generally, commercial insurance does not pay out unless there was actual, physical damage to your covered premises. Many insurers also added an exclusion for virus-related losses after the SARS scare. The basis for the lawsuits now pending, is that some policies – not all – have special coverage for business interruption caused by “denial of access.” If you have a question about whether your insurance may cover the losses caused by coronavirus, the only way to properly evaluate your options is to have your policy evaluated by an insurance coverage lawyer. If you have questions, we can help.
My business is shut down by the crisis, so can my small business get financial help from the government?
The federal government recently signed a $2 trillion economic relief plan into law to offer assistance to tens of millions of American households, including here in North Carolina, financially impacted by the coronavirus pandemic. That includes small business loans with low interest rates and other types of financial based assistance to help your business do things like make payroll. To determine whether your business might potentially be eligible for a loan or grant to cover payroll, expenses, and/or losses from the coronavirus you should review the primer from the United States Chamber of Commerce available here.
HOW WE CAN HELP.
Of course there are other questions about the legal ramifications of coronavirus, and we are working to stay up-to-date on recent developments to assist the community through this difficult time. If you have other questions or issues related to COVID-19 or your personal circumstances, we are continuing to offer free consultations by phone and email to answer your questions and provide support.