The Centers for Disease Control and Prevention has ordered an Eviction Moratorium during the Covid-19 emergency.
This Moratorium halts evictions for nonpayment of rent until March 31, 2021 if the tenant (1) meets certain requirements and (2) gives the landlord a signed declaration.
If you are a tenant covered by the Eviction Moratorium:
This moratorium went into effect on September 4, 2020. It states that a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property. Read the full order here.
It prevents evictions through March 31, 2021. It may be extended further.
The CDC order applies to residential properties. This means any property leased for residential purposes, including any house, building, mobile home or land in a mobile home park, or similar dwelling leased for residential purposes.
The CDC order applies to evictions for nonpayment of rent only. This means the CDC order does not protect people for evictions for things other than nonpayment of rent.
What are the requirements to show that you're protected by the CDC Eviction Moratorium?
No, not all tenants are covered. To be a “covered person,” a tenant, lessee, or resident of a residential property MUST PROVIDE A DECLARATION to their landlord, the owner, or other person with a legal right evict.
A declaration is sworn testimony, meaning that someone can be prosecuted, go to jail, or pay a fine if they lie, mislead, or omit important information. Each adult listed on the lease, rental agreement, or housing contract should complete the declaration.
The declaration must indicate that a person meets these 5 requirements:
Will tenants have to pay back all the rent they owe during the emergency period?
No, rent is still owed, even during the emergency.
The order does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation under a tenancy, lease, or similar contract. The order does not stop the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis.
No, some evictions are still allowed. Nothing in the order stops evictions based on reasons other than nonpayment of rent, including terminating a month-to-month tenancy, or any of the following:
Yes, there are criminal penalties for evicting someone who is covered by the order.
A person violating this order may be subject to a fine of $100,000-$250,000 and/or one year in jail. An organization may be subject to a fine of $200,000-$500,000.
Landlords would be able to evict tenants who did not pay rent once the moratorium expires.
It may make sense to work out a fair arrangement between landlords and tenants to avoid an eviction in the middle of winter.
Can I be protected against eviction, if I've had COVID hardships?
If you think you are covered by the Moratorium, follow these steps to ensure you are protected.
If you are covered by the Moratorium, an eviction may be put on hold until after March 31, 2021. You would still owe rent during that time.
If you are not covered by the Moratorium, the eviction could move forward.
If your landlord does sue for eviction based on nonpayment of rent before March 31, 2021, you can be prepared to defend yourself.
Come prepared to your eviction hearing. This chart can show you what questions to expect, and what evidence and replies you may able to use to protect yourself.
It goes through the key requirements to show you are covered by the CDC Eviction Moratorium. It presents questions and documents to prepare in order to demonstrate you are covered.
Contact these organizations to find help during COVID-19. To be covered by the CDC Eviction Moratorium's protections, tenants must seek out government assistance for rent.
Call the Free Store Foodbank: 513-381-7627
Or Talbert House: call 513-338-8596 or email RAP@TalbertHouse.org
Or Community Action Agency: 513-569-1840.
Call St. Vincent De Paul: 513-421-0602
Visit or call the Help Center at 513-946-5650 to get legal information or to make a free 40 minute appointment with a lawyer. They cannot represent you in court. For more information, visit room 113 of the Hamilton County Courthouse or visit https://www.cincyhelpcenter.org
Visit https://cincybar.org or call 513-381-8359 for a referral. You can ask them about the Modest Means Program. This may let you get a private lawyer for a more affordable price.