First Rate Property Management Blog

Eviction Ban Moratorium - What You Need to Know

Julie Tollifson - Wednesday, September 9, 2020

On the 1st of September, the Center for disease Control and Prevention (CDC) issued a nationwide moratorium to protect individuals from eviction upon non-payment of rent until the end of 2020. This order went into effected in the Federal Register on Friday, September 4.

Under the penalty of perjury the renters, in order to be eligible, are to swear they fall under specific income requirements, have made their best efforts to obtain all available government assistance, they have suffered substantial household loss of income, they are making best efforts to make timely or partial payments, AND eviction would render the renter homeless. All of these criteria are required to be met in order to be eligible for the ban on eviction.

                The CDC has a Declaration page that can be used for tenants to sign but any declaration with the same general verbiage can suffice.

                This new order impacts all residential properties. As an investor, if your property did not previously fall under the CARES Act, this order will now apply to said property.

                For landlords, there is still some power in this order. The written affirmation by the tenant must be signed under penalty of perjury by all adults on the lease and given to the landlord. The order does not affect the ability to evict for reasons other than non-payment of rent or the ability to continue to charge late fees. Tenants are still required to adhere to the terms of the lease.

                After December 31st, 2020, property managers and landlords should expect great delays in the eviction process for non-payment of rent.

 Please reach out to your local representatives to help support emergency rental assistance!