April 1, 2021 | Shandi Campbell, LTRC Director
On March 28, 2021 the CDC eviction moratorium delaying evictions was extended through June 30, 2021. This blog post will explain what the eviction moratorium means for landlords. You can view the full official CDC order here.
The eviction moratorium prohibits a landlord from removing a covered tenant from a residential rental property for non-payment of rent before June 30, 2021. The eviction 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 CDC’s order, 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:
Removing a tenant for any other reason will violate the eviction moratorium. To see more FAQ’s about the eviction moratorium as answered by the CDC please visit here.
Yes, the eviction moratorium does not relieve tenants of the obligation to pay rent. Tenants who are not able to pay full the amount of rent should be making partial payments if they are able to do so.
The moratorium does not “cancel” rent. Tenants will still owe rent for the unpaid months, but cannot be evicted before June 30, 2021 for not paying.
It also does not prohibit a landlord from charging late fees or other charges related to non-payment of rent. However, a landlord cannot evict a tenant for failing to pay the late fees or other charges related to the non-payment of rent.
The eviction moratorium applies to all residential rental properties. Even those properties that were not covered by the CARES Act eviction moratorium. The moratorium covers a qualifying tenant, not the rental property.
A tenant must meet 5 requirements to be covered by the eviction moratorium:
The tenant is covered if they cannot pay full rent due to financial hardship, including:
The tenant is covered if they:
The tenant should be making their best effort to make partial payments as their circumstances allow. If a tenant’s circumstances do not allow them to make partial payments, they can still meet this requirement and be covered by the eviction moratorium.
The tenant should try to obtain all available assistance, including:
The tenant is covered if an eviction would likely:
Housing is only considered “available” if it is unoccupied, safe, and will not increase the tenant’s housing costs. A tenant cannot be forced into housing that is unsafe, unaffordable, or would force them into a shared living situation.
If a tenant is covered, they must sign a declaration under oath stating that they are covered and give you a copy of the signed declaration.
The declaration is available in multiple languages here.
As a landlord, you must tell a tenant in writing the name and address of the manager, owner, property manager, or other person who must accept written notices such as this declaration from a tenant. If that person has changed, you should give an updated written notice to your tenants so your tenants can provide the declaration to the correct person.
A landlord who violates the eviction moratorium is subject to criminal penalties, including fines and jail time. Violations will be prosecuted by the United States Department of Justice. An individual landlord violating the order may receive:
An organization violating the order may receive: