US CONSTITUTION OFFERS A PATH TO COMPENSATION Fortunately, the Fifth Amendment to the US Constitution offers a remedy for these landlords in the form of a federal takings claim. The Fifth Amendment says that the government cannot take private property for public use without offering fair compensation. The CDC’s eviction moratorium took away some of your important property rights. When the federal government takes your property without paying for it, you can bring suit to collect the monies you are owed. COURT OF FEDERAL CLAIMS ADJUDICATES CLAIMS AGAINST THE FEDERAL GOVERNMENT FOR TAKING PROPERTY WITHOUT JUST COMPENSATION A court of national jurisdiction in Washington, DC awards damages against the federal government for depriving citizens of their property. This is called the Court of Federal Claims. This court has the jurisdiction to award landlords compensation for their losses if the court determines that the landlords’ property was taken. STEPS TO PURSUE COMPENSATION If you’re a landlord who was affected by the eviction moratorium, you may be eligible to get compensation from the federal government. Here’s what you need to get started: GATHER INFORMATION Compile all documents you may have to show that your tenant did not pay you rent between September 4, 2020, and October 3, 2021. These documents can include communications between you and your tenant, financial records, or any other documents you may have that show your tenant refusing to pay rent. STEP 1:
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