CDC eviction moratorium

Alert

The CDC eviction moratorium has been extended to July 31, 2021! On June 24, 2021, the director of the Centers for Disease Control (CDC) entered a new order extending its nationwide eviction moratorium to July 31, 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 July 31, 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

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 July 31, 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).

Executive Order 171

On March 30, 2021, North Carolina Governor Roy Cooper issued Executive Order 206, which extends Executive Order 171 to June 30, 2021. Executive Order 171 creates additional protections for tenants and new obligations for landlords. Governor Cooper issued Executive Order 171 on October 28, 2020.

Here are some things that Executive Order 171 does:

  1. Requires landlords to give tenants a blank copy of the CDC declaration when they file an eviction case.
  2. Requires landlords to file an affidavit when they file an eviction case stating that they gave a blank CDC declaration to the tenant.
  3. If the tenant signs a CDC declaration and gives it to the landlord, the landlord must immediately notify the court and file a copy of the declaration within five days of receipt.
  4. Makes it so that if one adult member of the household signs and delivers a CDC declaration to the landlord, the whole household is covered by the CDC Moratorium (as opposed to every adult in the household having to sign and deliver a separate declaration).
  5. If the landlord wants to challenge the tenant’s CDC declaration (because the landlord believes the tenant should not be covered and that the eviction case should go forward), the landlord must file a written response with a court detailing the reasons why the landlord thinks the CDC Moratorium should not apply to the tenant’s case. Then the landlord must schedule a hearing with a magistrate or judge. In appropriate cases, the magistrate or judge has the authority to override the declaration and order the eviction case to go forward.
  6. Makes it so that the protections under the CDC Moratorium also apply to any tenant who has been notified that he or she is eligible for assistance under the HOPE Program (even if the tenant did not sign a CDC declaration).
  7. Makes it so that the CDC Moratorium stays in effect in North Carolina even if it is stricken down or found unconstitutional in jurisdictions that North Carolina does not belong to.