COVID-19 Rent relief - Roost

COVID-19 Renters rights

Eviction moratorium status

The world is kind of a weird place these days, we get it. Everyone’s life has been affected in some way by the COVID-19 pandemic, and we’ve all got a LOT of questions. Lots of groups have faced hardships, and renters are near the top of that list.

The Trump administration recently announced a new executive order for a rent moratorium through the end of the 2020 year.  The order was put forward by the Centers for Disease Control to help prevent Covid-19 spread. Under the updated directive, families must prove they tried to pay their rent and that eviction would force them into a shelter or close quarters with others.  If this covers you, then you’ll need to sign a declaration form as to your situation and a substantial loss of income on a form. Forms are available via the CDC website. 

The order does not waive any rent debt — it just defers it — still leaving many renters vulnerable. And, it still allows landlords to charge fees, penalties, and interest, according to the draft document posted on September 1st.

The executive order covers more renters than the former CARES Act federal moratorium on evictions which only protected those living in housing with a federally backed mortgage loans, public housing, Section 202 housing for the elderly, Section 811 housing for people with disabilities, rural rental housing, Section 8 Housing Choice Voucher, USDA housing voucher, or VA voucher.  That Act protection expired on July 25, 2020. 

The National Apartment Association (NAA) suggests that any tenants that suffered hardships related to COVID-19 should reach out to their landlords to discuss their situation and potential remedies. Your landlord may have additional policies in place or be willing to talk over plans above and beyond federal, state and local remedies.

A landlord can only try to negotiate with the tenant for reduced payments for any rent due at a discounted rate. While not an ideal situation for a landlord to forfeit any monies there were expected due per a valid executed rental agreement, it is best to try to work with the tenant in these difficult times and get some money rather than none. Alternatively, a landlord can try to collect the full amount due after the eviction moratorium ends. The eviction moratorium does not eliminate the obligation of the tenant to make full payment on all back due rent after the eviction moratorium ends.

— David Reischer, Esq. Commercial Real Estate Attorney at LegalAdvice.com

State by state for all 50 states

Many states have stepped up and passed legislation to place moratoriums on evictions — as of September 1st, only 17 states and the District of Columbia have protections in place for renters. Forty states are in the process of implementing a presidential memo that provides an extra $300 to $400 of weekly jobless benefits, but only three states have begun paying out the additional money. Most states won’t begin until the end of September. After the states get approved for funding, “it can take several weeks” for the extra benefit to be distributed, according to Michele Evermore, a senior policy analyst at the National Employment Law Project.

To learn more about what each state has done in terms of rent or utility moratoriums and rent relief, see the chart below

AlabamaA number of states, including Alabama, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Alabama Governor Kay Ivey issued an executive order and moratorium through July 25th. Per this moratorium, All state, county, and local law enforcement officers are hereby directed to cease enforcement of any order that would result in the displacement of a person from his or her place of residence.
This means that law enforcement cannot enforce an eviction order to remove you from your home, whether you are a renter or if you have a mortgage and have been foreclosed on. 
Note: All rent payments delayed through this moratorium will still be owed but a landlord must offer a tenant a reasonable repayment plan to enforce any collection of that debt. For additional resources, check out AlabamaLegalHelp.org.
AlaskaA number of states, including Alaska, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. The state of Alaska’s moratorium on evictions due to COVID-19 has expired. However, Alaska has passed legislation ruling that citizens’ utilities cannot be shut off for COVID-related non-payment until November 15. Check out Alaska’s COVID-19 page for the latest information.
ArizonaA number of states, including Arizona, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Arizona Governor Doug Ducey expanded his original moratorium through July 23rd and has specific conditions surrounding the accessibility of these resources. Included in the moratorium: Police officers and constables are barred from executing eviction orders.However, not everyone is eligible. Financial relief is available to anyone who is required to be quarantined based on a diagnosis of COVID-19 or has been ordered to self-quarantine by a licensed medical professional based on their symptoms.Financial assistance is also available if someone else living in a person’s home has been diagnosed with COVID-19, or if they have a condition that puts them at greater risk for contracting it. Anyone who has had a substantial loss of income, such as job loss or a cutback in wages, will most likely be eligible. Note: Exceptions to the above rules will be made if a judge determines that it is necessary “in the interest of justice” or if a tenant has lied on their lease about pets or employment. Tenants still in arrears after July 23rd will be subject to eviction. Learn more about the moratorium.
ArkansasWhile many jurisdictions have opted to put evictions on hold, Arkansas has taken limited action, which appears to be specific to Little Rock. Public housing residents in Little Rock will not be evicted during the coronavirus outbreak. Governor Asa Hutchinson claims the Arkansas Community Foundation received pandemic relief grants in order to assist struggling residents and suggests seeking out federal assistance from the CARES Act. Tenants in other cities are encouraged to speak with their landlords as soon as possible to determine the best course of action.
Arkansas did order a utility shutoff moratorium for the duration of the crisis. You can get more information on Arkansas’ response on the state website.
CaliforniaA number of states, including California, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Governor Gavin Newsom declared a statewide state of emergency and put several policies in place to protect renters from losing their homes. A few of the protections:Governor Gavin Newsom has placed moratoriums on evictions and foreclosures to help those in need during this strange time of global pandemic (California COVID-19 Housing Information). Reducing or delaying monthly mortgage payments, per an agreement with financial institutions.Utility providers are not shutting off services due to non-payment (California Public Utilities Commission information).  You may be able to forego paying rent and not be evicted right now but it doesn’t mean you’re clear of future legal claims against past due rent and dings to your credit. If possible, try to avoid abusing this moratorium at the risk of hurting yourself in the long run.
ColoradoA number of states, including Colorado, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Colorado Governor Jared Polis signed an executive order in June, stating that: Landlords must give 30 days’ notice before evicting tenants. This order expires on July 13. In addition, the state has set up an online document that will allow you to determine if your utility company has put a moratorium on shutoffs during the crisis. For more information, you can check out the Colorado state website. Note: Fortunately, monetary relief is available to renters. This money can be used for short-term rental assistance for low-income people who are economically impacted by COVID-19.
ConnecticutA number of states, including Connecticut, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Governor Ned Lamont has issued an executive order that states the following:You cannot be evicted for lack of payment due to COVID-19 until August 25. In addition, the state has put in place a moratorium on utility shutoffs for the duration of the pandemic. To learn more, visit the CT state website.
DelawareA number of states, including Delaware, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Delaware Governor John Carney issued a Sixth Modification to his State of Emergency Declaration, placing a moratorium on the following:Evictions, late fees, and utility shutoffs until the State of Emergency is lifted.The state has put in place a moratorium for evictions and utility shutoffs due to COVID-19. In addition, Delaware residents may be eligible for up to $1,500 in assistance for rent or electrical bills. Note: The moratorium does not relieve renters of their obligation to pay rent, and all tenants are encouraged to pay as much rent as they are financially able to do so. Answers to FAQs and additional resources can be found at the Delaware State Housing Authority.
Washington, DCThe District of Columbia has declared that there’ll be no evictions and no utility shutoffs while the city is in a state of emergency. The DC Public Service Commission has more information.
FloridaA number of states, including Florida, have stepped up to make sure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. In Florida, all evictions are suspended until August 1. While most local utility providers have announced that they won’t shut off your services for non-payment during the COVID-19 crisis, you should check with your provider to make sure. You can also visit the Florida state website for more information.Note: While these policies are in effect, it does not forgive the rent you owe. If you are struggling to make rent due to a loss of income related to COVID-19, you can contact your local SHIP office for funding assistance. To conduct a search on affordable rental housing in Florida state, visit this website
GeorgiaA number of states, including Georgia, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Georgia Governor Brian Kemp issued an executive order through July 24th to address the needs of Georgians during the coronavirus outbreak. Included in the moratorium: Evictions for nonpayment of rent and any applicable charges and fees for nonpayment of rent have been suspended. You may be eligible for a financial hardship exemption if you’ve experienced the loss of income due to COVID-19. It’s best to contact your landlord right away to discuss your options. Note: Rent is still due during this period and will accumulate if unpaid and may make you subject to eviction after the moratorium expires, so it’s recommended that you pay whatever you can when you can. Get more information.
HawaiiA number of states, including Hawaii, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic.The state of Hawaii has suspended evictions for non-payment of rent until July 31. Learn more about Hawaii’s response to the pandemic on the state’s website.Note: The Hawaii Apartment Association is encouraging renters to pay if they can, but to also reach out to their landlord for individual relief if possible. Answers to FAQs and additional resources can be found here.
IdahoWhile many jurisdictions have opted to put evictions on hold by way of their governor and a moratorium, Idaho residents were forced to rely on their Supreme Court instead. The court had originally ordered a suspension of all eviction hearings. However, eviction proceedings have since resumed (remotely) as of May 1st per the Supreme Court. Additional information can be found here.
IllinoisA number of states, including Illinois, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Illinois Governor J.B. Pritzker issued an executive order pausing all residential evictions through July 26. Per this order: There has been no suspension of rent payments for Chicago or the State of Illinois. This means tenants are still obligated to pay their rent per the terms of their lease.Note: The Rental Housing Support Program seeks to provide rental assistance to extremely low-income households living in participating properties. More information and applications can be found via the Illinois Housing Development Authority.
IndianaA number of states, including Indiana, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Indiana Governor Eric Holcomb issued an executive order that halted most court proceedings, including eviction and foreclosure proceedings until the state of emergency is terminated. The state of emergency is currently scheduled to terminate July 31, 2020. For additional information visit the Indiana Housing and Community Development Authority. 
IowaA number of states, including Iowa, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Iowa Governor Kim Reynolds’ moratorium on eviction has now expired and tenants who were unable to pay rent will have their overdue payments come due all at once — and lawful evictions can proceed. More information can be found here.
KansasKansas was quick to act when it came to protecting its residents from evictions and foreclosures during the COVID-19 pandemic. Governor Kelly amended the original executive order to extend the suspension of residential foreclosure and eviction efforts or proceedings until May 31, 2020. This moratorium has now expired and tenants who were unable to pay rent will have their overdue payments come due all at once — and lawful evictions can proceed.
KentuckyA number of states, including Kentucky, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Kentucky Governor Andy Beshear issued an eviction moratorium through the end of the state of emergency. Included in this moratorium: Rent payments are not forgiven, and they will still come due. Landlords may not charge late fees or other penalties. Utilities may not shut off service.For more information per the Kentucky Legal Aid, click here.
LouisianaA number of states, including Louisiana, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Governor Jon Bel Edwards’ eviction moratorium has expired, but utilities may not shut off your service. More information can be found here.
MaineOn April 16, 2020, the Governor of Maine issued this an executive order to delay evictions, not stop eviction actions altogether. Essentially, this means that if you are late on your rent, you will have violated the terms of your lease and provide your landlord with a reason to evict you. However, the landlord will not be able to proceed with the legal eviction process to have you removed from your rental unit until the state of emergency is lifted.Included in the Executive Order, which lasts until 30 days after the end of the state of emergency,  prevents landlords from:Making tenants move to a lesser unitUsing unlawful means to make tenants leave the rental unitTaking legal action for eviction An exception to this anti-eviction order would-be tenants that engage in unlawful or dangerous activities in the rental unit.Additionally, the standard 7-day eviction notice will be extended to 30 days, per the order.Furthermore, utilities may not shut off service, and Maine has created a rent relief programNote: You may be able to forego paying rent and not be forced out of your home right now but it doesn’t mean you’re clear of future legal claims against past due rent. For additional resources regarding the COVID-19 Rental Relief Program offered through the Maine State Housing Authority, learn more.
MarylandA number of states have stepped up to make sure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Governor Hogan issued an executive order suspending evictions to residential, industrial, and commercial properties until the end of the emergency. In addition, he prohibited the initiation of residential foreclosures until the state of emergency is terminated.The eviction of tenants suffering a substantial loss of income due to COVID-19 is prohibited. Landlords are also prohibited from increasing existing tenants’ rent by more than 2.6% after April 24th.Utilities may not shut off service.
Massachusetts A number of states have stepped up to make sure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Governor Charlie Baker issued an executive order temporarily banning almost all eviction and foreclosure proceedings for residential renters and homeowners and small businesses. The order will remain in effect for no more than 120 days, or 45 days from the date the Governor lifts the state of emergency in Massachusetts, whichever comes first.  In addition, Massachusetts passed a house bill to protect renters for 90 days or the termination of the state of emergency, whichever is sooner:The bill serves two purposes:Landlords in the state are barred from sending notices to tenants to terminate their lease;Protects tenants from landlords that seek alternative actions in the form of late fees and negative credit rating impacts.In addition, your utilities may not be shut off.More information can be found here.
MichiganA number of states have stepped up to make sure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Michigan is doing the same by placing a moratorium on all evictions for the time being. The original moratorium has been extended to July 15, 2020.Included in the Executive Order, it prevents landlords fromMaking tenants move to a lesser unitUsing unlawful means to make tenants leave the rental unitTaking legal action for eviction An exception to this anti-eviction order would be a tenant that “poses a substantial risk to another person or imminent and severe risk to the property.”Note: You may be able to forego paying rent and not be forced out of your home right now but it doesn’t mean you’re clear of future legal claims against past due rent. Additionally, it does not relieve renters from the obligation to pay the rent if possible. For additional resources available to Michigan renters that may not be able to pay the rent and are being threatened with an eviction,  learn more.
MinnesotaIn response to the COVID-19 pandemic, the Governor of Minnesota issued this Executive Order to suspend evictions until April 30, 2020. He has since extended the order until July 13, 2020. Essentially, this means that if you are late on your rent, you will have violated the terms of your lease and provide your landlord with a reason to evict you. However, the landlord will not be able to proceed with the legal eviction process to have you removed from your rental unit until the suspension is lifted.Included in the Executive Order, it prevents landlords fromMaking tenants move to a lesser unitUsing unlawful means to make tenants leave the rental unitTaking legal action for eviction An exception to this anti-eviction order is tenants who engage in unlawful or dangerous activities in the rental unit.Note: You may be able to forego paying rent and not be forced out of your home right now, but it doesn’t mean you’re clear of future legal claims against past due rent. See Housing Support in the state of Minnesota for more information.
MississippiOn April 1, 2020, Governor Michael Watson signed Executive Order No. 1466, suspending evictions while the “shelter in place” order is in place.  Essentially, this means that if you are late on your rent, you will have violated the terms of your lease and provide your landlord with a reason to evict you. However, the landlord will not be able to proceed with the legal eviction process to have you removed from your rental unit until the suspension is lifted. The suspension was lifted on June 1, 2020, and tenants who were unable to pay rent will have their overdue payments come due all at once — and lawful evictions can proceed.For additional resources regarding how Mississippi is handling the current pandemic with respect to housing,  learn more.
MissouriThe Supreme Court of the State of Missouri issued an emergency statewide order suspending in-person proceedings through April 17, 2020, then extending it to May 1, 2020. Some localities extended it further, like Boone and Calloway Count to June 1, 2020. This moratorium has now expired and tenants who were unable to pay rent will have their overdue payments come due all at once — and lawful evictions can proceed. For additional resources regarding how Missouri is handling the current pandemic, learn more.
MontanaOn March 31, 2020, the Governor of Montana issued a directive to prevent evictions during the length of the directive. On April 22, 2020, the Governor extended this prevention of evictions until May 24, 2020. This moratorium has now expired and tenants who were unable to pay rent will have their overdue payments come due all at once — and lawful evictions can proceed. For additional resources regarding how Montana is handling the current pandemic with respect to housing, learn more.
NebraskaGovernor Pete Ricketts issued an executive order for temporary residential eviction relief through May 31, 2020. The moratorium has now expired and tenants who were unable to pay rent will have their overdue payments come due all at once — and lawful evictions can proceed. For additional information and help contact Legal Aid of Nebraska.
NevadaA number of states have stepped up to make sure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Governor Steve Sisolak issued an executive order suspending residential and commercial foreclosure actions and evictions until May 31, 2020. The Nevada County Board of Supervisors extended recently extended residential eviction moratorium until July 31.It is important to know that the suspension does not relieve the tenants from their obligations to pay their rent.Note: You may be able to forego paying rent and not be forced out of your home right now but it doesn’t mean you’re clear of future legal claims against past due rent. For additional resources regarding how Nevada is handling the current pandemic with respect to housing, learn more.
New HampshireGovernor Sununu extended the Executive Order moratorium on nonpayment evictions (properties NOT protected under the CARES Act) to July 1, which has now passed. Renters must still pay rent if possible, or work out a payment arrangement with their landlord. In the long run, you can still be evicted but at a later point in time.It is important to know that the suspension does not relieve the tenants from their obligations to pay their rent.Note: You may be able to forego paying rent and not be forced out of your home right now but it doesn’t mean you’re clear of future legal claims against past due rent. For additional resources regarding how New Hampshire is handling the current pandemic with respect to housing, learn more.
New JerseyThe Governor of New Jersey issued this Executive Order to stop evictions until the order is no longer in effect. The Expiration date is two months after the end of the emergency period declared in Executive Order No. 103. In addition, renters can use their security deposit toward rent due during or up to 60 days after the public health emergency. It is important to know that the suspension does not relieve the tenants from their obligations to pay their rent.Note: You may be able to forego paying rent and not be forced out of your home right now but it doesn’t mean you’re clear of future legal claims against past due rent. For additional resources regarding how New Jersey is handling the current pandemic with respect to housing, learn more.
New MexicoThe New Mexico Supreme Court has paused eviction proceedings during the COVID-19 emergency for those impacted by the pandemic who are unable to pay rent. They have specific procedures for tenants to follow, which includes attending a video or phone hearing and providing evidence of their current inability to pay rent. For specific instructions on how to pause your eviction, read more at the link here. The Supreme Court has not provided an end date for the moratorium at this point in time but may release guidance in the near future. It is important to know that the suspension does not relieve the tenants from their obligations to pay their rent. Note: You may be able to forego paying rent and not be forced out of your home right now but it doesn’t mean you’re clear of future legal claims against past due rent. For additional resources regarding how New Mexico is handling the current pandemic, learn more.
New YorkA number of states, including New York, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. New York Governor Andrew Cuomo issued a new executive order in May that extended the statewide moratorium to August 20th. Included in the moratorium: Protection from eviction for both residential and commercial tenants. All pending evictions are halted and landlords are barred from issuing a court order for eviction. Rent payments are not canceled, and if you can, you should still pay your rent. Note: The extension of the moratorium would only apply to tenants who qualify for unemployment benefits or who are experiencing financial hardships as a result of COVID-19. For additional resources and FAQs about your status as a renter in New York, read learn more.  
North CarolinaWith the onset of the COVID-19 pandemic, several laws are temporarily changing and the governor of North Carolina issued an order prohibiting utilities from disconnecting people who are unable to pay during this pandemic such as electric, gas, water and wastewater services for 60 days reckoned from April 1, 2020. Also, it addresses the housing industry hence, There should be no new eviction proceeding until the Chief Justice’s order expires on June 1st, which has passed. No new rental bonds are due during this time. The Clerks of the Superior Court are strongly encouraged not to issue Writs of Possession prior to the expiration of the Chief Justice’s Order. Property owners are strongly encouraged to work with tenants to implement payment plans and avoid evictions, Private lenders are strongly encouraged to avoid the eviction of tenants. Clearly, as a tenant, you still have the obligation to pay your rent. As to how and when this is a matter of arrangement between you and your landlord by explaining your predicament. There is no landlord who will not understand your situation. The state is even protecting those living out of motels or hotels. For more information, learn more.
North DakotaThe New Dakota Supreme Court issued an order suspending residential evictions. Then, the court issued another order ALLOWING residential evictions to proceed as of April 23, 2020. It is important to know that the suspension did not relieve the tenants from their obligations to pay their rent. For additional resources regarding how North Dakota is handling the current pandemic, learn more.
OhioA number of states have stepped up to make sure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Ohio has taken some actions to assist renters during these hard times. The Ohio governor signed legislation that would suspend eviction actions. In addition, the Ohio Supreme Court issued an order to suspend evictions until the COVID-19 emergency is over, or July 30, 2020, whichever is earlier. Additionally, Ohio Governor DeWine issued an executive order requesting commercial landlords to suspend rent payments for 90 days. Not a requirement, so not as strong, but a recommendation by the governor.  It is important to know that the suspension does not relieve the tenants from their obligations to pay their rent. Note: You may be able to forego paying rent and not be forced out of your home right now but it doesn’t mean you’re clear of future legal claims against past due rent. For additional resources regarding how Ohio is handling the current pandemic with respect to housing, learn more.
OklahomaOn March 16, 2020, the Supreme Court of Oklahoma issued an order to shut down civil court proceedings, except where an emergency exists. This includes actions for evictions. This extended until May 15, 2020, under additional orders. Unfortunately for Oklahoma renters, this order has now been lifted and landlords are filing evictions. It is being reported that hundreds of eviction cases are scheduled to begin each week. Some renters may be protected from evictions until July 25 under the federal coronavirus relief bill, but appropriate legal counsel should be sought if pursuing this protection option. It is important to know that the suspension does not relieve the tenants from their obligations to pay their rent. For additional resources regarding how Oklahoma is handling the current pandemic with respect to housing, learn more.
OregonA number of states, including Oregon, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Washington Governor Kate Brown issued an executive order protecting renters from eviction through June 30th, which has been extended by the legislature to September 30. Note: In order to be entitled to the benefit of the moratorium, you must provide the landlord, within 30 calendar days of the unpaid rent being due, acceptable documentation that your inability to pay is caused, at least in part, by the COVID-19 pandemic. Additionally, the executive order requires you to pay partial rent to the extent you are financially able to do so. For further reading, learn more.
PennsylvaniaA number of states, including Pennsylvania, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Pennsylvania Governor Tom Wolf issued an executive order that protects Pennsylvanians from eviction through July 10th. He suggests tenants pay whatever they can when they can in agreement with their landlord, but they are not legally required to pay anything until the state of emergency in Pennsylvania has been lifted. For more information about Governor Wolf’s response to the COVID-19 outbreak, learn more.
Rhode IslandOn March 19, 2020, the Governor of Rhode Island and the state’s Director of Health suspended evictions until at least mid-April. This time frame was extended to May 17, 2020. However, after June 1st, the District Court may start processing evictions again. It is important to know that the prior suspension did does not relieve the tenants from their obligations to pay their rent. For additional resources regarding how Rhode Island is handling the current pandemic with respect to housing, learn more.
South CarolinaOn March 18, 2020, the Supreme Court of South Carolina ordered a “stay” on evictions and foreclosures across the state until May 15, 2020. Essentially, this means that if you are late on your rent, you will have violated the terms of your lease and provide your landlord with a reason to evict you.  It is important to know that the suspension does not relieve the tenants from their obligations to pay their rent. Under the most recent Order, for an eviction to stick, a new step was added for your landlord. Your landlord must submit a Certification of Compliance along with the initial filing that your property is not subject to the limitations and requirements of the CARES Act.  For evictions filed before May 6, 2020, the Certification of Compliance must be filed with the court prior to proceeding with the eviction but if on or after May 6, 2020, it must be filed with the original paperwork submitted. If your landlord fails to do this, then their eviction claim is terminated. For additional resources regarding how South Carolina is handling the current pandemic with respect to housing, learn more.
South DakotaWhile many jurisdictions have opted to put evictions on hold, South Dakota hasn’t taken a stance on this. A common misconception during this time is that you are safe both from eviction and from any repercussions for not paying your rent or breaking your lease. That’s not actually true. You may be able to forego paying rent and not be forced out of your home right now but it doesn’t mean you’re clear of future legal claims against past due rent and dings to your credit.
TennesseeOn March 13, 2020, the Tennessee Supreme Court declared a state of emergency for the Judicial Branch of the state’s government. Tennessee residents found relief from evictions through the state’s Supreme Court issuing a moratorium order through May 31, 2020. This moratorium has now expired and tenants who were unable to pay rent will have their overdue payments come due all at once — and lawful evictions can proceed. For additional resources regarding how Tennessee is handling the current pandemic with respect to housing, learn more.
TexasA number of states have stepped up to make sure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. The State of Texas adopted the following protections for tenants to help them cope up with the situation. On April 24, 2020, Governor Greg Abbot and the Texas Department of Housing and Community Affairs announced that Texas will provide Home Tenant-Based Rental Assistance (TBRA) to Texans experiencing housing challenges due to COVID-19. The assistance will cover the cost of rent, security deposit payments, and utility bills for tenants affected by the loss of income due to COVID-19. On April 27, 2020, the Supreme Court of Texas issued its 12th Emergency Order docketed as Misc. Docket No. 20-9059 stating that the April 6 moratorium on evictions is extended and that no eviction proceedings can be held until after May 18, 2020.  Unless there is a local order protecting tenants from evictions, courts may issue eviction citations and eviction hearings may proceed effective May 19, 2020. For additional resources regarding how Texas is handling the current pandemic with respect to housing, learn more.
UtahA number of states have stepped up to make sure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Utah deferred rent payments and evictions until May 15, which has passed. It’s important to know that the suspension didn’t relieve the tenants from their obligations to pay their rent and residential evictions have resumed. For additional resources regarding how Utah is handling the current pandemic with respect to housing, learn more.
VermontThe Supreme Court of the State of Vermont suspended all non-emergency court hearings until May 31, 2020. Emergency landlord-tenant hearings will be held at the discretion of the judge. It’s important to know that the suspension doesn’t relieve the tenants from their obligations to pay their rent. For additional resources regarding how Vermont is handling the current pandemic with respect to housing, learn more.
VirginiaIn Virginia, thanks to the state’s courts not hearing any eviction cases and sheriffs not enforcing evictions, residents are relatively safe until June 28, 2020, which has passed. The state’s Attorney General has provided guidance to its residents relating to evictions during these strange times. Additionally, this new state law allows tenants to request a 60-day continuance if their income was adversely affected by COVID-19. This would allow a tenant to push an eviction proceeding out until July 17, 2020, if their landlord pursued an eviction proceeding immediately after the courts reopened.It is important to know that the suspension does not relieve the tenants from their obligations to pay their rent. Note: You may be able to forego paying rent and not be forced out of your home right now but it doesn’t mean you’re clear of future legal claims against past due rent. For additional resources regarding how Virginia is handling the current pandemic with respect to housing, learn more.
WashingtonA number of states, including Washington, have stepped up and provided resources to ensure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Washington Governor Jay Inslee expanded the moratorium through August 1. He suggests tenants pay whatever they can when they can, but are not legally required to pay anything until the state of emergency in Washington has been lifted. Included in the moratorium, it prevents landlords from Making tenants move to a lesser unit assessing or threatening late fees, nonpayment, increasing rent, or treating unpaid rent as enforceable debtCharging rent for people who planned to move but are prevented from doing so treating unpaid rent charges as enforceable debt taking legal action for eviction Note: All rent payments delayed through this moratorium will still be owed but a landlord must offer a tenant a reasonable repayment plan to enforce any collection of that debt. For additional resources per the Rental Housing Association of Washington, learn more
West VirginiaWhile many jurisdictions have opted to put evictions on hold, West Virginia hasn’t taken a stance on this. The law does allow for lawful evictions during this time. The state’s Attorney General sent out a warning letter telling landlords to not attempt any unlawful evictions. It is important to know that a suspension does not relieve the tenants from their obligations to pay their rent. For additional resources regarding how West Virginia is handling the current pandemic with respect to housing, learn more.
WisconsinA number of states have stepped up to make sure renters can stay in their homes even if they’re struggling to make rent during the COVID-19 pandemic. Wisconsin’s protection has expired, as of May 26, 2020. The protections have now expired and a lawful eviction process can proceed. It is important to know that the suspension does not relieve the tenants from their obligations to pay their rent. For additional resources regarding how Wisconsin is handling the current pandemic with respect to housing, learn more.
WyomingThe Supreme Court of the State of Wyoming issued an order suspending all in-person proceedings in all Circuit and District Court and the Supreme Court until March 18, 2020. Chief Justice Michael K. Davis extended the emergency order through May 31, 2020. The Wyoming Supreme Court is enforcing emergency procedures to avoid health risks until August 3, 2020, but does not directly prevent evictions. It’s important to know that the suspension doesn’t relieve the tenants from their obligations to pay their rent. For additional resources regarding how Wyoming is handling the current pandemic with respect to housing, learn more.
Last Updated: October 15th, 2020