CARES Act temporary moratorium on evictions in effect for 120 days, until July 25, 2020

Nation: The temporary moratorium on eviction filings of the CARES Act is in effect, and will last for a period of 120 days.


The eviction moratorium involves housing situations arising from March 27, 2020, and ending July 25, 2020, and prevents lessors from initiating legal action against tenants for non-payment of rent or other fees, initiating other fees or charges from such non-payments, or requiring tenants to vacate from a premises before 30 days after a date a tenant is given notice to vacate.


SEC. 4024 TEMPORARY MORATORIUM ON EVICTION FILINGS includes the types “covered dwelling” and “covered property”:


Covered dwelling is: (A) occupied by a tenant pursuant to a residential lease, or occupied by a tenant without a lease or with a lease terminable under State law; and (B) is on or in a covered property.


Covered property is: any property that participates in a covered housing program as defined in section 41411(a) of the Violence Against Women Act of 1994, or participates in the rural housing voucher program under section 542 of the Housing Act of 1949; or any property that has a federally backed mortgage loan or Federally-backed multifamily mortgage loan.


The Congressional Research Service article on April 7 adds:


“Section 4024(c) requires landlords of the same properties to provide tenants at least 30 days-notice before they must vacate the property. It also bars those landlords from issuing a notice to vacate during the 120-day period. In contrast to the eviction and late fee protections of Section 4024(b), which are expressly limited to nonpayment, Section 4024(c) does not expressly tie the notice to vacate requirement to a particular cause. Thus, Section 4024(c) arguably prohibits landlords from being able to force a tenant to vacate a covered dwelling for nonpayment or any other reason until August 23, 2020 (i.e., 120 days after enactment, plus 30 days after notice is provided).”




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