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New CDC Eviction Moratorium

COVID-19 Landlord-Tenant Law Real Estate

The Centers for Disease Control and Prevention, a federal Executive Branch Agency, has issued a nationwide eviction moratorium. The moratorium went into effect on September 4, 2020 and serves as an extension of sorts, to a previous Executive Order by the Trump Administration which put a moratorium on evictions for those receiving federal rent assistance.

The new CDC Order states, “[A] landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property …” In jurisdictions where a stricter eviction moratorium is already in place, the stricter moratorium takes precedence over the CDC’s Order.

While the CDC Order forbids landlords from evicting tenants “to prevent the further spread of COVID-19”, the Order does not completely relieve tenants of the responsibility of paying the rent. A tenant who is protected by the CDC Order is still required to pay back rent when the Order is lifted in January 2021, which may include late fee charges. The Order also asks tenants to continue to make partial payments as they are able to.

The CDC Order requires tenants to provide a completed Declaration form to their landlord stating that the tenant has attempted to pay rent during the COVID-19 pandemic but has been unable to given their current economic conditions, and also stating that the tenant has sought federal housing aid.

The CDC Order applies to all tenants nationwide who received a stimulus check from the government or who make under $99,000 as an individual or $198,000 as a couple. Landlords may still seek evictions of tenants where the tenant has destroyed property or poses a threat to the health or safety of neighbors.

The attorneys at Shinners & Cook, P.C. are experienced in landlord-tenant law. If you have a matter relating to a tenant eviction, contact us today at 989-799-5000.

This Blog is meant for informational purposes only and is not legal advice. Each landlord-tenant situation is different. This Blog is not a substitute for retaining legal counsel to represent you in your particular matter.