On Wednesday, January 20th, 2021, the CDC eviction moratorium halting evictions was extended through at least March 31st, 2021. This blog post will explain what the eviction moratorium means for tenants. You can view the full official CDC media statement here.
The eviction moratorium prohibits a landlord from removing a covered tenant from a residential rental property for non-payment of rent before March 31, 2021. The moratorium prohibits any action by a landlord, owner, or other person to remove or cause the removal of a covered tenant from the residential property for non-payment of rent.
Any action that causes the removal of a covered tenant is defined as an eviction under the moratorium except if the residential property is foreclosed on. This includes legal attempts to evict a tenant, such as filing an eviction, and illegal attempts to evict a tenant, such as locking out a tenant or shutting off utilities.
The eviction moratorium provides only 5 circumstances when a landlord may evict a covered tenant. A landlord may remove a covered tenant who is:
If your landlord is threatening to evict you or taking any of the actions listed above, you should contact a lawyer immediately for legal advice. You can seek brief legal advice and “know your rights” by calling the Landlord Tenant Resource Center at (918) 218-4138. If you have been served with a summons for notice of eviction that contains a court date you should reach out to Legal Aid and be sure to attend your court hearing.
Do I still have to pay rent?
Yes, you are still required to pay rent. If you are able to make partial payments, you should make your best effort to do so. The eviction moratorium doesn’t “cancel” rent. If you do not pay your rent, you will still owe that amount to your landlord. But a landlord cannot evict you for not paying rent before March 31, 2021. A landlord is also allowed to charge you late fees or other charges for non-payment of rent, but cannot evict you for not paying them.
What properties are covered by the eviction moratorium?
All residential rental properties are covered by the eviction moratorium, not just those properties that were covered by the CARES Act. The eviction moratorium applies to the tenant, not the rental property.
Am I covered by the eviction moratorium?
There are 5 requirements for you to be covered. You must meet all 5 of the requirements.
What do I need to do next?
If you are covered by the eviction moratorium you must:
The declaration is available on the Housing Solutions website under Tenant Resources. The declaration is signed under oath and under penalty of perjury. If you do not understand anything in the declaration, you should speak with a lawyer before signing it.
I am covered by the eviction moratorium, but my landlord is threatening to evict me anyway. What should I do?
You should speak with a lawyer immediately to get advice and representation. To receive free legal advice and representation, contact:
I am not covered by the eviction moratorium and cannot pay my rent. What should I do?
Emergency rental assistance is available for tenants unable to pay their rent due to financial hardship. If you are struggling to pay your rent due to the COVID-19 pandemic, you may qualify for emergency rental assistance from Oklahoma or Tulsa County. To find out about rental assistance programs, call 2-1-1 or complete a request form here.