CDC eviction moratorium

Alert

The CDC eviction moratorium has been extended to June 30, 2021! On March 28, 2021, the director of the Centers for Disease Control (CDC) entered a new order extending its nationwide eviction moratorium to June 30, 2021.

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About

The Centers for Disease Control (CDC) has ordered the suspension of many evictions, including those for nonpayment of rent, fees, and other charges until June 30, 2021. 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.

Visit the CDC website to learn more.

Video

Update: Please ignore all references in this video to January 31, 2021, as the end date for the CDC eviction moratorium. On March 28, 2021, the CDC extended the moratorium to June 30, 2021. The rest of the information in this video is still correct.

 

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:
    • Sign the declaration if the tenant meets its requirements. The declaration is a sworn statement! There are criminal penalties for signing the declaration if it is not true!
      Download the declaration in:
    • Give the signed declaration to the landlord
    • Keep copies of the signed declaration.
    • Follow the rental agreement.
  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.
    • Tenants may want to file a copy of their declaration along with a certificate of service in their eviction court case so the court has a record of the declaration. A certificate of service is a piece of paper the tenant dates and signs that states how and when the tenant gave the declaration to the landlord.
  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 June 30, 2021.

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.

Note: It is unclear whether the moratorium also applies to holdover cases. Holdover means the tenant has remained on the property after the term of the lease has expired or the landlord has given the tenant a notice that the lease will not be renewed.

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 1-866-219-5262 (toll-free).