The Trump administration announced that the CDC will halt COVID-19-related evictions through the end of 2020. The eviction moratorium started September 4 and is currently scheduled to last through December 31, 2020. What does this mean, and (more importantly) what doesn’t it mean?
Tenants must sign an affidavit stating (a) that they have tried to get all available government assistance for rent or housing; (b) they earn no more than $99,000 (if they are a single tax payer) or $198,000 (if they are married filing jointly); (c) they are unable to pay the full rent due to loss of income; (d) they are trying to make partial payments (if possible); and (e) that eviction would likely render them homeless or force them to move in with others in close quarters.
This order does not preclude eviction for other reasons, such as (a) engaging in criminal activity; (b) threatening the health or safety of other residents; (c) damaging or posing a risk of damage to property; (d) violating any building codes/ordinances, or (e) violating any other contractual obligation such as boarding a new pet when none are allowed.
Landlords can still levy fees as spelled out in the lease, even for non-payment of rent, but they cannot collect those fees until after the eviction moratorium ends.
Additionally, at the end of the eviction moratorium, the landlord may require payment in full for all payments not made prior to and during the temporary halt. Failure to pay may make tenants subject to eviction at that time. In other words, legally the tenant will still be responsible for all that missed rent if they choose not to pay.
The best advice for both renters and landlords is to sit down and talk about the renter’s circumstances. It is always best for a renter to pay the rent in full, so that the renter is not faced with a huge catch-up bill after the eviction moratorium ends. If that is not possible, then the landlord and renter should come to an agreement about how much rent can be paid each month, and how the unpaid balance will be paid back in the future Work together. Make it a win-win situation for both parties.