Update-CDC Moratorium Extension for Rental Tenants

What does it mean?

As we have covered in previous blogs, the CDC issued a moratorium in September 2020, putting off evictions for millions of Americans. This moratorium was originally set to expire on December 31, 2020, and then was extended to January 31, 2021. A few days ago, President Biden signed an executive order extending the moratorium until at least March 31, 2021.

The eviction moratorium is to prevent eviction for people who are experiencing serious financial impact from the Covid-19 pandemic and have been unable to stay current on their rent. It’s important that when you do sign the CDC Declaration, that you read it carefully and that you understand it. Signing the declaration is the same as you testifying in court, so don’t lie on the declaration. The declaration is basically you swearing to many things. This includes swearing that you have tried to get government assistance for your rent, that you will not earn more than $99,000 this year, or that you will not earn more than $198,000 if you file jointly. It is also you swearing that you have been unable to pay your full rent because of substantial loss of income, loss of hours or wages, you were laid off, or had extraordinary out of pocket medical expenses. You are swearing that you have been making your best effort to pay as much rent as you can, on time. You are swearing that if you do get evicted you will most likely become homeless, have to stay in a homeless shelter, or that you would have to move into a place with someone where there are close quarters and it is crowded. If every one of these statements applies to you, you can try and get the protections of the CDC moratorium.

How do I get the protections of the Moratorium?

We have provided a copy of the CDC Declaration here. It is available in several languages. Print the declaration out, read it, and sign it if it applies to you. Provide a copy to your landlord or property manager. Make sure you keep a copy for yourself, and keep a record of when and where you turned in the declaration, and to who. Knowing this will help you if the declaration is lost or misplaced, applied to the wrong person, or if the landlord or property manager claims they never got your declaration for any reason.

I turned in the Declaration, but my landlord is still trying to evict me. What now?

Even if you turn in the declaration, a landlord can still ask the courts to hear the eviction. The landlord has the right to challenge the truthfulness of your declaration, which they will do at a court hearing. The landlord will do this by filing an Unlawful Detainer suit in court. If you are served as a defendant in an Unlawful Detainer lawsuit, you must answer the Complaint within five (5) days or you may be evicted without the chance to defend yourself. We have provided a pro se (self-representation) answer and objection here. You should create your own answer or use the one we provided and file it with the court clerk within five (5) days. The information about where to file should be on the lawsuit. When you file it, you need to file the amount of rent the landlord says you owe with the court clerk. If you do not have enough money, file as much as you can. A court can still decide your case without a hearing if you do not file some amount of rent with the court clerk.

When a hearing is set, make sure you go! Bring your copy of the declaration. Bring the information with you that proves you have attempted to get rental assistance. Bring a witness who can testify that you are having financial troubles because of the pandemic. Bring someone to testify that you have been paying or trying to pay as much money as you can to the landlord every month. This is especially important if the landlord has refused partial payments. Bring any proof with you showing that you meet the requirements of the declaration. Make sure they are neatly organized so that you can find things quickly. Also make sure that you are respectful to the Judge during the hearing, that you are dressed appropriately, and that you do not argue or talk over the landlord or landlord’s attorney during the hearing.

Where do I find government assistance in my area?

We have provided a list of organizations offering assistance here.

Does this mean I can stay in my rented home until the end of March, even if I can’t afford to pay rent?

Maybe. But you should keep in mind that you still owe the back rent you haven’t paid. Not only will the landlord be able to evict you after the moratorium ends, but they can also sue you for back rent. It’s important to try your best to stay current on your rent.

My landlord says the Declaration doesn’t apply to me, are they right?

The eviction moratorium is for anyone, who meets the requirements listed on the declaration, who is being evicted for nonpayment of rent. If you are being evicted for any other reason, you are not protected by the moratorium. This includes if your lease has ended and your landlord does not want to renew it, or if you are being evicted for breaking any other terms of the lease such as criminal activity or pet policy violations. You can speak to an attorney if you are unsure.

What are my options going forward?

Even if your landlord can’t evict you, you will still owe the landlord back rent. Someday the eviction moratoriums will end, and you may be left owing your landlord many thousands of dollars' worth of back rent, late fees, and other fees that you may have agreed to in your lease. Try to pay your landlord what you can, when you can. If your landlord only takes the full amount of rent and won’t take your partial payments, make sure you are saving the money that was meant for rent. Put it in an account and don’t use it, because you will need it to try and catch up in the future!

Often the best option for landlords and tenants is to work together. You should try to work out something with your landlord if you can. We have sample repayment agreements on our website here.

AUTHOR: KENDALL LEWELLEN, STAFF ATTORNEY FOR THE CENTER FOR ARKANSAS LEGAL SERVICES