What does the CDC Eviction Ban Moratorium Mean?

On September 4, the Centers for Disease Control (CDC) placed a new order on evictions, and if you are a landlord, this is something you need to be aware of.  Unlike the previous CARES Act eviction moratorium, this order applies to all properties, not just federally backed mortgages.  However, the positive on this is that it doesn’t completely halt evictions for other things, and it doesn’t excuse tenants from their obligations to pay rent.

As of now, this current eviction moratorium halts nonpayment evictions nationwide through December 31, 2020 on public health grounds if the tenant produces a signed affidavit.

Under the CDC order, a renter cannot be evicted if they provide the landlord a statement with the following:

  1. Their annual income level is less than $99,000 (or $198,000 for couples who file jointly), or they received a stimulus check;
  2. They have attempted to obtain government assistance to pay rent and still cannot pay;
  3. They aren’t able to pay rent because of a COVID-19 related reason;
  4. They are making their best effort to pay rent; and
  5. They will likely become homeless or have to move in with others if evicted.

If the tenant provides the landlord with an affidavit stating all of the above, then the landlord cannot evict them until the end of the year.

This CDC moratorium DOES NOT apply to evictions for any lease violations other than payment of rent.  So if your tenant is violating the lease for something other than non-payment of rent, they can still be evicted.

There are penalties to the landlord for violating this CDC order.  If you receive an affidavit from your tenant, it is advised you contact an attorney that is up to date on landlord-tenant law.

It is the tenants’ burden to supply the landlord with the signed declaration.  The CDC has a declaration that can be used, but any declaration stating the above can be used.  So, even if, as a landlord, you receive something that doesn’t seem “formal” enough, it can suffice. Again, this would be something to give to your attorney right away so they can review.

*We are not attorneys, we do not warrant the accuracy of this information, and you should contact your attorney for any legal matters.