CDC Moratorium
To help reduce the spread of COVID-19, the Centers for Disease Control and Prevention (“CDC”) issued a temporary order on August 4th. The order delayed enforcement of an eviction for nonpayment of rent or similar housing-related payment issues. It does not stop the eviction process. The CDC Order was ruled invalid by the Supreme Court on August 26, 2021 and is no longer in effect.
The CDC Order is no longer in effect.
The Supreme Court ruled on August 26th to end the temporary stay on a lower court ruling seeking to overturn the federal eviction moratorium issued by the Centers for Disease Control & Prevention. The Supreme Court decision invalidates the federal eviction moratorium and eliminates the protection offered by the CDC Order.
Since the CDC Order is no longer valid and I used the declaration to not be evicted, do I have to move out?
You do not have to move out until a Writ of Restitution (lock out order) is signed by the Court and the Constable/Sheriff comes to serve it.
A Writ of Restitution will be issued if you still owe rent in different ways, depending on where you are in the court process.
• If the Court has NOT issued a judgment for non-payment of rent against you but a case was filed, the landlord will need to request a hearing and prove the amounts of rent and other costs owed in order to get a judgment and a Writ of Restitution. You should receive notice of this hearing by the landlord and the Court. A Constable comes to perform the lockout 5 days after the Writ of Restitution is signed and you will need to leave the property immediately if you have not already moved.
• If the Court issued a judgment for non-payment of rent against you previously and no changes need to be made to the judgment (no payments were made, and no rental assistance was received), the landlord must file an Application for a Writ of Restitution and have the court sign it. You should receive a copy of this Application, but there will be no hearing. If the Writ of Restitution is signed by the Court, the Constable could come after 5 days, and you will be required to leave your home immediately.
• If the Court issued a judgment for non-payment of rent against you and changes are needed to the amount of rent and other costs owed (for example: if rental assistance was received or if the landlord is seeking additional rent or costs), the landlord must request a hearing. You will be notified of the hearing by the Court and the landlord. At that hearing, be sure that the proper amount of rent and other costs are being requested. If the judge signs the judgment, he or she will also sign the Writ of Restitution, and you will have 5 days before the constable will come to do a lockout of the home.
What if rental assistance paid my past due rent, will I still be evicted?
If rent assistance paid all of your past due rent, and your rent is current, confirm with your landlord in writing that your lease is still in effect. If your lease is still in effect, and you have no past due amounts owed and the landlord has not made any other claim for breach of the lease against you, you will not be evicted.
Do I have to go back to court for a previous eviction if the lock out never happened?
Maybe. If the landlord did not get a judgment against you, or if the landlord got a judgment against you and now the amount of the judgment must be changed (because the landlord is seeking additional rent owed, or if rental assistance was received and applied to the balance), the Court will hold another hearing to establish the amount of the judgment. You should receive at least three days notice of this hearing. It is important to make sure the amounts owed are correct so keep track of any rental assistance amounts paid to the landlord and review the ledger provided with the notice of hearing.
How much time do I have if the court orders me out of my home?
If the Court orders you out of your home (a Writ of Restitution is signed), you will have 5 days from the date of the Writ before the Constable will come to do the lockout. Once the Constable comes, you will only have a few minutes to leave your home.
The eviction documents filed by my landlord say that the property I live in is an “Enterprise” property, what does that mean?
An Enterprise Property means that it has a federally-backed mortgage by either Fannie Mae or Freddie Mac. The federal government is requiring that landlords who own these properties give tenants 30-days notice before they can be evicted.
Where can I apply for rental assistance?
Visit Get Rental Assistance to find the rental assistance program serving your community.
You do not have to move out until a Writ of Restitution (lock out order) is signed by the Court and the Constable/Sheriff comes to serve it.
A Writ of Restitution will be issued if you still owe rent in different ways, depending on where you are in the court process.
• If the Court has NOT issued a judgment for non-payment of rent against you but a case was filed, the landlord will need to request a hearing and prove the amounts of rent and other costs owed in order to get a judgment and a Writ of Restitution. You should receive notice of this hearing by the landlord and the Court. A Constable comes to perform the lockout 5 days after the Writ of Restitution is signed and you will need to leave the property immediately if you have not already moved.
• If the Court issued a judgment for non-payment of rent against you previously and no changes need to be made to the judgment (no payments were made, and no rental assistance was received), the landlord must file an Application for a Writ of Restitution and have the court sign it. You should receive a copy of this Application, but there will be no hearing. If the Writ of Restitution is signed by the Court, the Constable could come after 5 days, and you will be required to leave your home immediately.
• If the Court issued a judgment for non-payment of rent against you and changes are needed to the amount of rent and other costs owed (for example: if rental assistance was received or if the landlord is seeking additional rent or costs), the landlord must request a hearing. You will be notified of the hearing by the Court and the landlord. At that hearing, be sure that the proper amount of rent and other costs are being requested. If the judge signs the judgment, he or she will also sign the Writ of Restitution, and you will have 5 days before the constable will come to do a lockout of the home.
What if rental assistance paid my past due rent, will I still be evicted?
If rent assistance paid all of your past due rent, and your rent is current, confirm with your landlord in writing that your lease is still in effect. If your lease is still in effect, and you have no past due amounts owed and the landlord has not made any other claim for breach of the lease against you, you will not be evicted.
Do I have to go back to court for a previous eviction if the lock out never happened?
Maybe. If the landlord did not get a judgment against you, or if the landlord got a judgment against you and now the amount of the judgment must be changed (because the landlord is seeking additional rent owed, or if rental assistance was received and applied to the balance), the Court will hold another hearing to establish the amount of the judgment. You should receive at least three days notice of this hearing. It is important to make sure the amounts owed are correct so keep track of any rental assistance amounts paid to the landlord and review the ledger provided with the notice of hearing.
How much time do I have if the court orders me out of my home?
If the Court orders you out of your home (a Writ of Restitution is signed), you will have 5 days from the date of the Writ before the Constable will come to do the lockout. Once the Constable comes, you will only have a few minutes to leave your home.
The eviction documents filed by my landlord say that the property I live in is an “Enterprise” property, what does that mean?
An Enterprise Property means that it has a federally-backed mortgage by either Fannie Mae or Freddie Mac. The federal government is requiring that landlords who own these properties give tenants 30-days notice before they can be evicted.
Where can I apply for rental assistance?
Visit Get Rental Assistance to find the rental assistance program serving your community.
