Eviction Declaration Information

On September 1, the CDC released an order creating a federal moratorium on residential evictions for nonpayment of rent for “covered persons” from the effective date of the order, September 4, through December 31, 2020.

This order provides that a “covered person” may not be evicted from residential property based on nonpayment of rent or other amounts due under a lease or agreement. In order to be a “covered person” under this order, a tenant must provide to the landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live, a sworn Declaration that the tenant meets certain qualifications. 

Each tenant listed on the lease or other agreement must provide a Declaration in order to be covered by this moratorium. If only one tenant provides a Declaration, that tenant would be a “covered person” but the other tenants could be evicted.

The Declaration form is available here. The Declaration must be sworn under penalty of perjury and certify the following qualifications of the tenant to be covered by the moratorium:

This order does not apply to any evictions other than those for nonpayment of rent or other amounts due under the lease, such as late fees or utility payments.

If a Declaration is provided to the landlord that the tenant meets the above qualifications but the landlord files an eviction for a reason other than nonpayment, the landlord will not be able to recover rent in that eviction suit through December 31, 2020.

Rent will continue to accrue during the period of moratorium, even for “covered” tenants. Additionally, unlike during the CARES Act moratorium, late fees, penalties, and interest can be assessed by a landlord for a tenant’s failure to timely pay rent, even though a landlord may not take steps to evict a tenant for failure to pay these amounts until after the moratorium expires.