CDC eviction moratorium

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About

The Centers for Disease Control (CDC) has ordered the suspension of evictions for nonpayment of rent, fees, and other charges until December 31, 2020. The order applies to evictions for nonpayment of rent. Tenants facing evictions for nonpayment of rent must make below a certain income and meet other factors set out by the CDC. This order does not apply to foreclosures. Read the CDC order.

Video

Isaac Sturgill, head of our housing practice group, discusses the eviction moratorium from the Centers for Disease Control in this Facebook Live presentation from September 2, 2020, the day the moratorium was announced. Download the PowerPoint slides.

What do tenants have to do?

To stop the landlord from evicting the tenant for nonpayment of rent, fees, and other charges:

  1. Each adult tenant (18 years or older) that lives in the home must:
  2. If the tenant has a court hearing
    • The tenant may need to go to court and bring the signed declaration to show the magistrate or judge or else the eviction may go forward.
  3. If the tenant already had a court eviction hearing and the judge ordered the tenant to be evicted:
    • The tenant may be able to appeal. Tenants have 10 days after the hearing to appeal.
    • If the 10 days to appeal have passed, the tenant may still be able to stop the eviction by filing a motion.
    • Legal Aid may be able to help some tenants if they call our toll-free helpline: 1-866-219-5262.

FAQ

What does the CDC Order do?

The CDC Order delays or postpones some evictions until December 31, 2020.

Are all evictions suspended or postponed?

No. The order postpones many evictions, including those for nonpayment of rent, fees, and other charges. It does not stop evictions for criminal activity on the property, threatening other residents, damaging property, violating health and safety codes, or breaking the lease for something besides nonpayment.

Will tenants still owe rent while the eviction is postponed by the CDC Order?

Yes. A tenant will still owe rent or other fees that are due under the lease.

When does the protection take effect?

It takes effect when the tenant delivers a signed copy to the landlord.

What if the tenant already has a court date?

Tenants may need to go to court to show the magistrate or judge that they signed the declaration and gave it to their landlord.  Otherwise, the court may go forward with the eviction.

What if an eviction hearing has already happened?

Within ten days after court, tenants may go to the courthouse to make an appeal.

What if the ten days for appeal have ended or the tenant cannot afford the appeal bond?

Tenants in these situations may still be able to stop the eviction process by filing court papers called a motion for a temporary restraining order to stop the lockout.

Where can tenants get legal help?

Veterans, low-income persons, or senior citizens may apply for free help from Legal Aid of North Carolina by calling 866-219-5262.