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CDC EXTENDS EVICTION MORATORIUM THROUGH JUNE 30, 2021

The Center for Disease Control (“CDC”) extended its national eviction moratorium through June 30, 2021 right before it was set to expire on March 31, 2021. The CDC states that the order is in place to prevent the further spread of COVID-19. What does this mean for me as a tenant/renter? Under the moratorium, a landlord cannot evict any “covered person” from any residential property in any jurisdiction . . . during the effective period of the order. As mentioned, the order only applies to covered persons. In order to be eligible, you/a tenant/a renter must meet all five requirements listed below

  1. You have used best efforts to obtain all available government assistance for rent or housing;
  2. You either (1) earned no more than $99,000 (or $198,000) if filing jointly) in Calendar year 2020 or expect to earn no more than $99,000 in annual income for Calendar Year 2021 (or no more than $198,000 if filing a joint tax return, (ii) were not required to report any income in 2020 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check). 
  3. You are unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out of pocket medical expenses. 
  4. You are using your best efforts to make timely partial payments that are as close to the full payment as your circumstances may permit, taking into account other nondiscretionary expenses; and 
  5. Eviction would likely render you homeless-or force you to move into and live in close quarters in a new congregate or share living setting-because you have no other available housing options. 

You can read the CDC’s full seventeen (17) page moratorium here.

To qualify for the protection of the CDC order, a tenant must provide a completed and signed copy of a declaration with the elements listed in the definition of a covered person (outlined above) to their landlord or any other person who has a right to have them evicted or removed from where they live. Although a standard document of the declarations needed to be made to the landlord has been provided by the CDC on its website, any other signed form will suffice. Additionally, all forms must include a statement that the tenant understands that they could be liable for perjury for any false or misleading statement or omissions in the declaration. 

Please note that the order does not preclude a landlord challenging the truthfulness of a tenant’s declaration in court, as permitted under state or local law. If you are a landlord or a tenant with an eviction as result of the COVID-19 pandemic, please call (954) 450-2585 today to schedule a consultation with our experienced real estate attorneys.

This is a broad overview of the eviction landscape that is occurring as result of COVID-19. At J. Perez Legal P.A., we have over twenty years serving both renters and landlords in Hollywood and all-over South Florida in eviction matters. Our experienced real estate attorneys fight hard to protect the rights of tenants and landlords. 

J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.  
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  • Home
  • Practice Areas
    • Real Estate >
      • REAL ESTATE AGENTS
      • Selling Home without a REAL ESTATE Agent
      • Seller's Legal Representation
      • BUYER'S LEGAL REPRESENTATION
      • CLOSING COSTS
      • CLOSING DOCUMENTS
      • POST-CLOSING MOVE-IN
      • SELLER'S BREACH OF CONTRACT
      • PROPERTY TAXES
      • EARNEST MONEY DEPOSIT
      • REAL ESTATE PROPERTY SURVEY
    • Title Insurance >
      • Real Estate Title
      • TITLE COMMITMENT
      • TITLE INSURANCE COSTS
      • Types of Property Interests
      • Types of Deeds
    • LOAN MODIFICATION >
      • LOAN MODIFICATION ADVANTAGES
      • LOAN MODIFICATION QUALIFICATIONS
      • LOAN APPROVAL DURATION
      • NON-PRIMARY RESIDENCE LOAN MODIFICATION
      • PRINCIPAL BALANCE ADJUSTMENT
    • SHORT SALES >
      • SHORT SALE TAX CONSEQUENCES
      • SHORT SALE DURATION
      • SHORT SALE DEFICIENCY
      • SHORT SALE HARDSHIP
    • FORECLOSURE >
      • FORECLOSURE PROCESS
      • FORECLOSURE OPTIONS
      • FORECLOSURE - THE SUMMONS
      • DEFICIENCY JUDGEMENT
      • POST FORECLOSURE & CREDIT
    • Landlord/Tenant Law >
      • EVICTION PROCESS
      • EVICTIONS GENERALLY
      • Evictions - Public Records
      • 3-Day Notice: Failure to Pay Rent
      • 7-Day Notice: Tenant to Landlord
      • 7-Day Notice: Landlord to Tenant
      • 15-Day Notice: Termination of Verbal Lease
      • 15-Day Notice: Rent Increase
      • Security Deposit
      • Holdover Tenant
      • CDC Evictions Moratorium
      • LANDLORD SELF-HELP
      • LANDLORD LEASE TERMINATION
    • Small Business Law
  • Meet the Team
    • Juan J. Perez - Founding Partner
    • Juan Blandino - Associate Attorney
    • Yanet Macias - Senior Real Estate Paralegal
    • Berenice Leyva - Legal Assistant
  • Contact Us
  • Online Payment
  • Title Calculator