CDC Eviction Moratorium expired...but wait...that’s not all folks! - Skip to Main Content

CDC Eviction Moratorium expired…but wait…that’s not all folks!

The CDC Eviction Moratorium has been in place for nearly a year. This is a very sensitive and serious topic, with people being impacted in different ways all over the place. Well, the CDC eviction Moratorium expired at midnight on Saturday, July 31st. This was much awaited by landlords and property owners around the country. All of us were anticipating it, simply to get the man out of our business a little more. It’s not like any of us have been wanting to push our tenants out on the street or anything, but there are many rental owners around the country who have had very little recourse to help out their own financial challenges brought on by all of this.

So, as expected, our attorney’s notified us that they were able to process pay-or-vacate evictions like they were before the pandemic. As you may already know, that was short-lived and on Tuesday, August 3rd, the Biden administration implemented yet another eviction moratorium.

This new moratorium will span through at least early October, and applies in United States counties experiencing high transmission levels of the new string of the COVID virus, SARS-2. If you look at the impacted map of the country, it’s pretty much everywhere. You can see the latest changes HERE

(Source: CDC Website, please mind that it changes weekly as the level of transmission changes)

So, we’re now back to where we were. 

The extension of the CDC eviction moratorium was immediately disputed in court. A group of property managers and real estate agents, backed up with the NAR (National Association of Realtors) took action. They are piggy-backing on a prior suit with a motion in order to expedite things. We’re hopeful they will make progress with it, but we all need to prepare for this to continue. I said several months ago that I expected the moratorium to continue even beyond the CDC’s expired. And here we are…

So what should you do? Here are 3 things I would consider:

First, if you are the landlord, stay in close communication with your tenants. Or if you have hired a landlord (property manager), they will need to be in contact with the tenant. Make sure you understand their situation and can prepare for any issues. Keep in mind that billions of dollars ($42 billion to be specific) have been set aside to provide tenants with rent relief.  Community action centers can also provide funding. Make sure you or the landlord of your property know where and how to provide those resources to your tenants. 

Second, work with your tenant as best as possible. Especially if they have historically been great to work with. You should consider being a little flexible if they’ve taken good care of the property, and they are legitimately in a difficult situation due to the pandemic. 

And third, evictions due to non-payment can still happen depending on your county and court system. There’s this misunderstanding about the CDC eviction moratorium out there. People seem to think that because of a moratorium, they simply can’t evict their tenants, period. It’s just not the case. There are evictions still happening, just with more review and consideration for the situation and specifics.

We currently have an eviction out of our Salt Lake office that will be finalized this week. It was for non-payment, unrelated to COVID reasons. It’s unfortunate, and it rarely happens for us, but we’re glad to have been able to move it forward despite the moratorium. If you have a non-payment situation, make sure you have the proper pandemic disclosure in your pay or vacate notices. Also, make sure you work it through an eviction attorney who knows the current processes really well. 

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