CDC Eviction Moratorium
Effective September 4, 2020, the Centers for Disease Control has temporarily stopped certain evictions to halt the spread of COVID-19. Read below to see if this applies to you.
Note that every adult on the lease or rental contract will need to meet certain requirements and sign a declaration to benefit from the new CDC protections.
To qualify for CDC protections, all the following must be true:
- You must be a residential tenant.
- You must be behind on rent. The CDC only protects against evictions for nonpayment of rent.
- You must have done your best to get government housing assistance, including applying for rent help, government housing benefits, or any other program that may be available in your area.
- You must expect to make no more than $99,000 in 2020 ($198,000 if you file jointly), or
- you did not have to report any income to the IRS in 2019, or
- you received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act.
- You are unable to pay your full rent or make a full housing payment due to substantial loss of household income, fewer work hours, layoffs, or medical expenses likely to be more than 7.5 percent of your adjusted gross income.
- You are doing your best to pay your rent, in full or in part. (This does not necessarily mean you have to put rent above all other nondiscretionary expenses, such as medicine or child support.)
- You will become homeless or will have to live in a shelter or other crowded space (including a crowded friend or relative's home) if you are evicted.
If any of the above are untrue, do not sign the declaration that the CDC order applies to you. Lying on the declaration is perjury.
It is also a good idea to keep evidence that you meet the declaration requirements. If your landlord does try to evict you, you may need show the court you qualify for the CDC protections.
You need to sign a declaration that says the CDC order applies to you and give signed a copy of the declaration to your landlord. You do not need a notary.
- Download a declaration you can sign and give to your landlord. Everyone on your lease should sign a declaration.
- Download a form letter to send to your landlord with the declaration.
Be aware that you must meet all of the requirements listed in the declaration. Lying on the declaration is perjury.
Make sure you have proof that you gave the declaration to your landlord. Emails, video, and certified mail receipts can all be evidence. Also keep a copy of the declaration.
The order is new, so it is not clear exactly how far the protections go. However, it may prohibit your landlord from the following:
- Giving you a Notice to Vacate
- Filing for eviction
- Enforcing any eviction that the court already decided
Note that the CDC order only protects against eviction for nonpayment of rent. If you do something to break your lease contract or your lease ends, your landlord can still try to evict you.
Yes. If your landlord has already filed, the CDC declaration should temporarily halt the eviction process. If the landlord has filed for eviction, you will need to file a copy of the declaration with the court in addition to giving the signed form to your landlord. If you have not already filed an Answer in the eviction, you can attach the declaration to the Answer. If you have already filed an Answer, you can file the declaration separately.
Yes. The CDC declaration can temporarily hold off your eviction. If you file the declaration with the court or give it to the constable who comes to evict you, you should be able to stay in your home until the CDC order expires at the end of 2020.
You can use the CDC order even if you appeal your eviction.
First, remember that you can stay in your home unless a sheriff or constable come with a court order to remove you. If you move out, it might be very hard to return.
Second, if the case goes to court, you may need to show the court that you meet the requirements in the declaration. Evidence that you meet the requirements might include things like:
- Applications for rent assistance, or acknowledgments that you applied
- Applications for public housing, or acknowledgments that you applied
- Applications for unemployment or other government benefits
- Proof of enrollment in government benefits
- Letters or notices from employers to show you lost your job or work hours
- Evidence that you do not expect to make more than $99,000 in 2020 ($198,000 if filing jointly), such as pay stubs, bank statements, or tax returns
- Evidence that you received a CARES stimulus check, such as government letters that say you received a stimulus, copies of the check, a stimulus debit card, or bank statements showing direct deposit
- Bank statements to show a loss of income
- Receipts, checks, or bank statements that show any partial rent payments you made
- Emails, letters, texts, or recordings that show you tried to make partial rent payments
- Medical bills, if you expect your medical costs to be more than 7.5% of your 2020 income
- Evidence of nondiscretionary costs that made it harder for you to pay rent, such as child support withholding orders or pharmacy receipts
Have the above evidence ready to attach to your Answer along with your declaration if you get sued for eviction. Also bring the evidence to court to show the judge, whether or not you filed an Answer.
Lone Star Legal Aid has made the declaration available in Spanish. Spanish speakers on the lease can review and sign the form, then give it to the landlord. The form also has English text for the landlord to read if they do not speak Spanish.
Lone Star Legal Aid has made the declaration available in Vietnamese. Vietnamese speakers on the lease can review and sign the form, then give it to the landlord. The form also has English text for the landlord to read if they do not speak Vietnamese.
The National Low Income Housing Coalition has made the declaration available in Mandarin. Mandarin speakers on the lease can review and sign the form, then give it to the landlord. The form also has English text for the landlord to read if they do not speak Mandarin.
The National Low Income Housing Coalition has made the declaration available in Arabic. Arabic speakers on the lease can review and sign the form, then give it to the landlord. The form also has English text for the landlord to read if they do not speak Arabic.
Lone Star Legal Aid attorneys created a video that answers many of the questions you might have about the CDC order. It includes how the CDC order might work in practice, how you might prove you have met the terms in the declaration, and more.