Eviction Moratorium Legal guidelines by State

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eviction moratorium laws

Last updated: July 24th, 2020

As a result of the coronavirus crisis (COVID-19), the federal government, along with many states and municipalities, has taken immediate measures to protect tenants from eviction. The reason for these measures – in correlation with the relief for landlords and other property owners – was to minimize disruption while protection and residence orders are in effect. Federal protection against eviction ends on July 25, but relief is still available in some states.

We have compiled a guide for the states where such laws have been passed or updated over time. However, please note that these guidelines are subject to further changes and extensions. If you have any questions about evictions or foreclosures, or about your general rights as a landlord or tenant in your state, contact a lawyer.

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What is a moratorium on eviction?

An eviction moratorium is a temporary suspension of the eviction process. In the case of COVID-19, much of the moratorium was enacted to stop evictions due to non-payment of the rent or for other reasons beyond the tenant's control. Depending on the state or location, the moratorium may apply to residential or commercial rents. During a moratorium on eviction, landlords are still expected to meet their rental obligations and tenants are still expected to pay the rent on time. However, it may be possible to negotiate a rental payment plan if necessary.

In some areas, the COVID 19 moratoriums may still result in non-payment evictions, such as: B. Violence or health and safety issues. It is therefore in your best interest to speak to a lawyer to understand the guidelines for your specific situation.

Is there a moratorium on eviction in my state?

The Corona Virus Aid, Help and Economic Security Act (CARES) provides a basic level of protection for insured tenants and landlords, including a moratorium on evictions for residents of government-sponsored homes through July 24. Your state or local government may provide additional relief, as described below:

Alabama

Governor Ivey issued an eviction moratorium on April 3 instructing law enforcement officers to stop renting tenants from their homes. The moratorium ended on June 1, 2020.

  • Gives temporary relief from foreclosures and evictions
  • Tenants are still required to pay rent and the owners are still required to pay mortgages. However, the tenants may not be evicted due to non-payment of the rent

Alaska

Governor Dunleavy announced a comprehensive plan on March 20 that would include all evictions for the 13,000 Alaskans who receive rental assistance through the Alaska Housing Finance Corporation. The moratorium expired on July 1, 2020.

  • 60-day moratorium
  • The Alaska Housing Finance Corporation has also been instructed to suspend foreclosures and evictions

Arizona

Governor Ducey enacted an executive order temporarily postponing evictions for up to 120 days, and the Arizona Supreme Court approved the suspension of mandatory deadlines for clearance negotiations. The implementing regulation is expected to continue until October 31, 2020.

  • Documentation of income reduction due to COVID-19 is required. The Implementing Regulation applies to people experiencing problems related to the pandemic.
  • The tenants are still responsible for the rent owed

Arkansas

Governor Hutchinson has not issued a formal moratorium (but may or may not consider one), citing circumstances that create a "practical moratorium" since courts and process server shops are closed.

California

Governor Newsom has announced a ban on evictions for tenants affected by COVID-19, which will impose a nationwide moratorium and will remain in effect until May 31. Governor Newsom has given local governments the opportunity to extend this protection until September 2020.

  • Tenants must notify their landlord in writing within 7 days of the rental due date
  • Tenants are obliged to pay the full rental amount "on time"
  • Certain metropolitan areas, including San Francisco and Rancho Cucamonga, have also imposed moratoriums on commercial evictions

Colorado

Governor Polis has enacted an implementing ordinance according to which landlords cannot be punished for failing to pay between May 2020 and August 11, 2020. Landlords must also provide a 30-day eviction notice. There is a permanent eviction in Denver.

Connecticut

Governor Lamont announced an executive order to end evictions by August 25, 2020.

  • At the request of tenants who are financially affected by COVID-19, landlords can provide a deposit for the rent due in April, May or June
  • Governor Lamont also issued a moratorium on utilities shutdown.

Delaware

Governor Carney announced a moratorium on evictions and foreclosures of residential buildings "in a state of emergency".

  • According to the regulation, landlords cannot charge late fees or interest in a state of emergency.
  • Utilities are prevented from discontinuing services for private customers.
  • Tenants are still obliged to meet rental obligations.

Florida

Governor DeSantis ordered that all foreclosures and evictions of residential buildings be stopped at least until August 1.

Georgia

There is currently no nationwide eviction moratorium. However, the Georgia Supreme Court issued two judicial emergency orders that delayed the evacuation process.

  • Mayor Bottoms of Atlanta enacted an executive ordinance on March 17 that imposed a 60-day moratorium on eviction from residential buildings

Hawaii

Governor Ige has imposed a nationwide eviction moratorium until July 31.

Idaho

Governor Little has not imposed a moratorium.

Illinois

Governor Pritzker issued an implementing regulation to suspend enforcement of evictions from residential buildings, which was extended until August 22, 2020.

Indiana

Governor Holcomb enacted an executive order that prevents evictions or foreclosures by July 31, 2020.

  • Tenants and homeowners must continue to pay the amounts owed
  • Public housing authorities will consider extending the eligibility deadlines for social housing

Iowa

The temporary suspension of the evictions was lifted in Iowa.

Kansas

Governor Kelly signed an executive ordinance that temporarily banned the evacuation of commercial or residential buildings and the enforcement of mortgages until May 1. It was not renewed, but utilities have to offer payment plans.

Kentucky

Governor Beshear signed an implementing regulation to suspend the eviction of residential buildings. This order extends until the national emergency is declared.

Louisiana

Governor Edwards suspended foreclosures and evictions until April 13. This order was not extended.

Maine

Governor Mills issued an order for the eviction moratorium to continue for 30 days after the state of emergency was lifted.

  • Utilities may not discontinue the service until further notice.

Maryland

Governor Hogan extended the Emergency Ordinance, which prohibited certain types of evacuation of residential buildings, for the duration of the emergency declaration.

  • Enforcement proceedings are temporarily prohibited for residential, commercial or industrial properties
  • Tenants must demonstrate a significant loss of income due to COVID-19

Massachusetts

Governor Baker signed a bill on April 20 that temporarily prevents evictions and foreclosures. The moratorium was extended until October 17, 2020.

  • No business interruptions until a statement from the public utility department is released or the state of emergency is lifted.
  • The Mayor of Boston has extended the ban to 2020.

Michigan

Governor Whitmer enacted an implementing ordinance on April 17, temporarily stopping evictions due to non-payment of rent and all ongoing eviction procedures. The moratorium ended on July 15, 2020.

  • Evictions in the city of Detroit will be suspended until August 15, 2020.

Minnesota

Governor Walz enacted an executive ordinance that ceased all evictions and foreclosures from March 24 through April 30. This order was extended until August 12, 2020.

Mississippi

Governor Reeves issued an executive order to stop the evictions. The suspension expires on June 1st.

Missouri

There is no nationwide eviction moratorium. However, the Missouri Supreme Court has suspended all personal procedures for non-urgent cases. While Governor Parson said the courts have indicated that evictions are not considered a priority, some Missouri tenants are still facing eviction notice.

Montana

Governor Bullock issued an order stating that those who meet the criteria cannot be evicted or closed.

  • The directive also prevents foreclosures of residential buildings for non-payment

Nebraska

Governor Ricketts signed an executive order that banned certain eviction procedures in Nebraska until May 31. This ban was not extended.

Nevada

Governor Sisolak announced a nationwide eviction moratorium that will expire between July 31 and August 31, 2020.

New Hampshire

Governor Sununu's order for evictions expired on July 1.

New Jersey

Governor Murphy enacted an executive ordinance on March 19 that declared a moratorium on evictions and foreclosures.

  • The order does not stop legal proceedings, only removals
  • The moratorium ends two months after Governor Murphy declared a state of emergency

New Mexico

The New Mexico Courts have interrupted tenant evictions on or after March 24, proving that they are unable to pay rent. Tenants are required to attend hearings once the process has started.

  • The moratorium ends as soon as the declared state of emergency has ended

new York

Governor Cuomo has suspended all commercial and private vacancies effective March 22. The eviction moratorium was extended by the state of emergency.

  • New York City: Mayor De Blasio introduced a tenant freeze program in the city's 1 million regulated apartments. He also proposed that the state parliament allow tenants to use security instead of rent payments.
  • Water supply companies are not allowed to make barriers.

North Carolina

North Carolina's Chief Justice Cheri Beasley passed a decision extending the delay in all non-urgent proceedings until June 1. The clearance process has been resumed.

North Dakota

The North Dakota clearance process has resumed.

Ohio

The governor issued an implementing ordinance asking commercial landlords to suspend rental payments for commercial tenants, and a moratorium on vacating commercial tenants for 90 days (as of April 1). The order also includes safeguards against commercial foreclosures.

  • The Ohio Supreme Court has asked city courts to stop processing evictions and foreclosures on residential buildings, but there is no official moratorium policy.

Oklahoma

The district courts of Oklahoma have resumed vacancies for tenants who are not covered by the CARES law.

  • Local sheriff departments, including Oklahoma County and Tulsa County, suspend evictions

Oregon

The eviction moratorium was extended until September 30, 2020.

Pennsylvania

By order of Governor Wolf, the eviction process cannot begin until August 31, 2020

Rhode Island

The clearance process in Rhode Island resumed on June 1, 2020.

South Carolina

The clearance process was resumed on May 15, 2020.

South Dakota

Governor Noem said that she would not consider a moratorium on evictions or foreclosures.

  • Small businesses can apply for help through Governor Noem's Small Business Relief Fund

Tennessee

The clearance process was resumed on June 1, 2020.

  • Power shutdowns have been suspended in an emergency.

Texas

The clearance process was resumed on May 18, 2020, unless this is prohibited by the local order.

Utah

Governor Herbert issued a moratorium on the evacuation of residential buildings under very limited circumstances until May 15. This arrangement was not extended and the eviction process was resumed.

Vermont

The Vermont Supreme Court suspended the evictions until the state of emergency is lifted.

Virginia

The clearance process was resumed on June 28, 2020.

  • The cessation of utility cutouts will remain in effect until August 31, 2020.

Washington

Governor Inslee extended the initial eviction moratorium until June 4 and extended protection until August 1.

  • The new extension also applies to land (e.g. mobile homes), temporary accommodation and public land (campsites).
  • Includes additional bans on increasing commercial rents or requiring tenants to change units
  • The governor has encouraged utilities to end the barrier.

Washington, D.C.

The District of Columbia Supreme Court has suspended all tenants and utility shutdowns. Landlords are only allowed to file eviction complaints 60 days after the state of emergency is lifted.

West Virginia

The clearance process was resumed on May 15, 2020.

Wisconsin

The eviction process has been resumed, but the supply shutdowns remain frozen.

Wyoming

The clearance process has been resumed.

Get the help you need

Given the financial commitment that a moratorium may cause, landlords should understand their eligibility for mortgage forgiveness or government support through small business administration programs such as the Paycheck Protection Program or the Economic Injury Disaster Loan Program. With this in mind, given the rise in unemployment, it is important that tenants understand their legal rights when it comes to economic hardship during this period.

Whether you are a landlord or a tenant, Rocket Lawyer is here to help you. Get access to free legal advice and essential documents at the Coronavirus Legal Center to tackle any challenges you or your business face from COVID-19.

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