CDC Issues Order Halting Residential Evictions Through Year-End

Yesterday, the Centers For Disease Control and Prevention (CDC) announced the issuance of an order temporarily halting all residential evictions in the United States through December 31, 2020.  The CDC indicated this action was being taken “to prevent further spread of COVID-19”.

Details of the order….

Under the order, a landlord or other owner of residential property, “shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order.”  So, it’s pretty simple, if you own a residential property in the U.S. that has a tenant in it, this order applies to you.  The only exception is the American Samoa, which, at the time of the order, had not cases of COVID-19 reported.

Tenants are still obligated for rental payments…

The order makes it clear that it does not remove the tenant’s obligations to pay rent, nor the landlord’s ability to charge late fees, penalties, etc.  Specifically, the order states:  “This order does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation that the individual may have under a tenancy, lease, or similar contract. Nothing in this Order precludes the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract.

Tenants must submit a declaration form to take advantage of this protection…

According to the order, for a tenant to receive the protection under this order, an executed copy of a Declaration form must be submitted to their landlord, owner, or property manager.

See the entire order here.

Download the Declaration Form for tenants here.

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