Temporary CDC Eviction Moratorium
(September 4, 2020 – December 31, 2020)
Fact Sheet
(September 4, 2020 – December 31, 2020)
Fact Sheet
The CDC released an emergency order to stop residential evictions from September 4, 2020 through December 31, 2020 to
help stop the spread of COVID-19. The order stops landlords/property managers/owners (landlords) from evicting or
taking action to cause the removal of tenants/lessees/residents (tenants) from their homes in many circumstances. The
order DOES NOT automatically protect a tenant or all tenants. Tenants must take steps in order to be protected under
the moratorium. If you are being evicted, Legal Action may be able to help you. Call us at (855) 947-2529.
How does the order protect tenants?
- If a tenant is covered by the order, their
landlord cannot:- Give a notice terminating tenancy
- File an eviction action in court
- Pursue an eviction because the tenant did
not follow a previous eviction hearing
agreement (stipulation) - Deliver or otherwise cause an already
issued eviction (writ of restitution) to be
carried out by the sheriff - Take any other action to remove or cause
the removal of a covered tenant
What does the order not do?
- The order does not forgive rent or prohibit late
fees. Any rent or fees that are owed during the
moratorium will continue to add up and will
need to be addressed to avoid - Tenants must still attempt to pay rent and meet
other requirements under their lease
agreements - Tenants can still be evicted after the moratorium
ends
Protections DO NOT apply to:
- Homeowners that can’t pay their mortgages
- People being evicted for criminal activity on the premises
- People threatening the health or safety of other residents
- People damaging property or those that pose an immediate/significant risk of damage to property
- People violating building code, health ordinances,
or regulations about health and safety - People violating other contract obligations other
than nonpayment of rent, late fees, penalties or
interest.
Getting protection under the order
- To be protected by the moratorium, tenants
must truthfully complete a declaration form (see
below) - The tenant must give that declaration to the
landlord. The tenant should keep a copy of the
form and proof they gave it to the landlord as
soon as they knew they couldn’t pay rent
Who is covered under the order?
To qualify and obtain protection you must be able to
sign a declaration form, certifying under penalty of
perjury:
- You have tried your best to get government help
for rent or housing - You have earned less than $99,000 ($198,000
joint filers) in 2020; OR You did not have to file
taxes with the IRS in 2019; OR You got a CARES
stimulus check - You can’t pay because you lost income, had layoffs, or had extraordinary medical expenses
- You are trying your best to make partial
payments - If you are evicted, you likely have no other
options other than to become homeless, use a
homeless shelter or move into a place with others
in close contact. - You understand you must still pay rent and any
fees or interest under the lease agreement or
contract - You understand at the end of the temporary
order, after December 31, 2020, the landlord can
require payment in full, and if you don’t pay, you
can be evicted - You understand that false or misleading
statements can lead to criminal and civil actions,
including fines, penalties, damages or
imprisonment. (These are the consequences for
perjury (lying)