While Ohio Gov. Mike DeWine’s executive order 2020-08D requested that landlords suspend rent payments for 90 days for small businesses facing financial hardship due to COVID-19, Mr. Hochheiser explains that evictions at all levels are now able to proceed, which may lead to a surge in eviction cases. However, Mr. Hochheiser advises parties to explore other options over legal proceedings.
“One of the biggest things is for tenants to try and have a discussion with their landlord on how they can make payments or work together on the issue,” Mr. Hochheiser says. “As moratoriums are lifted, the landlord has the right to evict the tenants should they have not paid. But, there are a few things to look at from a business standpoint. Say the landlord evicts a tenant, there are not a lot of people out there with the financial wherewithal to rent an apartment. So, I think it’s about having a conversation to do a payment plan as the economy improves and leases end.”
Alan Hochheiser is a leading practitioner in the areas of creditors’ rights and bankruptcy law. He advises and represents businesses, regional and national banks, credit unions, equipment lessors and other lenders, as well as secured and unsecured creditors.