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Eviction Moratorium Extension Updates - Will It Last?

In a previous blog post, I spoke of the end of the CDC eviction moratorium, which had been in place for over a year and has prevented landlords from evicting non-paying tenants. It had been set to expire on July 31st of this year. All indications leading up to July 31st supported the assertion that the eviction moratorium would not be extended past that date.

As the long-awaited date arrived, landlords had reason to celebrate as the eviction moratorium was not extended on or before that day as promised. Although the moratorium ended on Saturday as expected, the following Tuesday, we received news that the eviction moratorium was again to be extended through October 3rd, 2021.

What Are the Details on the Eviction Moratorium Extension?

Although the constitutionality of the eviction moratorium has come into question, and the President himself has cast doubt on whether the moratorium will legally survive to its next expiration date, the extension has been described as necessary to allow states more time to distribute rental relief to those who are in need. For landlords, that means that they will have to survive another couple of months with limited ability to evict tenants for non-payment of rent.

However, there are ways to prosecute cases even in the face of the CDC Eviction Moratorium. Renters must swear under oath to certain statements of fact, and it is possible to question them as to the applicability of the CDC Declaration to their individual circumstances.

Additionally, cases which do not involve unpaid rent are not applicable to the declaration. Any eviction actions for violations of the lease agreement, failure of tenants to leave at the expiration or the lease term, or other real property actions such as unlawful detainer actions should remain unaffected by the order.

Landlords have had a rough road through this pandemic, and after the recent reversal of policy, it is really anyone's guess as to the future of the eviction moratorium. In the meantime, cases can get processed, and courts are still evicting tenants.

If you are a landlord that is having trouble with a tenant, contact our office for a free consultation. We can help. Contact us online or via phone at (239) 970-6844 for help with your case.

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