Temporary Eviction Moratorium

The CDC has issued an order banning evictions nationwide for those who meet certain qualifications. It is set to go into effect on September 4, 2020 and will last through December 31 2020. 

How can I apply for help? 

The tenant is responsible for completing an affidavit and delivering it to their landlord via mail, hand delivery, or email. CLICK HERE to see the affidavit.

How do I know if I’m qualified? 

Renters must meet four requirements to be considered eligible: 

  1. Make less than $99,000 (individual) or $198,000 (if filing jointly), have received a stimulus check, or were not required to report any income for 2019. 
  2. Show you tried to get government help to pay rent 
  3. Affirm you can’t pay rent due to income loss or extraordinary out-of-pocket medical expenses 
  4. Affirm you are likely to become homeless if you are evicted 

What property is covered? 

Any residential property leased for residential purposes including “house, building, mobile home, or land in a mobile home park.” The definition does not include any “hotel, motel, or other guest house rented to a temporary guest or seasonal tenant.” 

There may be some argument if a hotel is your permanent residence. It would be recommended to connect with legal counsel or Legal Aid NC.

Legal Aid: Call 1-866-219-5262 (Mecklenburg County residents call 704-376-1600)

What types of eviction are covered? 

The moratorium applies to Non-payment of rent or lease expiration evictions.

The moratorium does NOT cover evictions based on:

  • Criminal activity while on premises
  • Threatening the health or safety of other residents
  • Damaging or posing an immediate and significant risk of damage to property
  • Violating any applicable building code, health ordinance, or similar regulation relating to health and safety
  • Violating any other contractual obligation, other than the timely payment of rent/other fees/interest

Do I need to keep paying rent? 

The order does not forgive rent payments and you must continue to make rent payments as you are able. If you have been financially impacted by COVID-19 and are behind on your rent payments, you may qualify for the HOPE Program. 

What if I already have a court date or are in the eviction process? 

You should go to your court date and provide proof of providing the affidavit to your landlord. Legal Aid advises that presentation of this affidavit should stop the eviction process at whatever point it is at. 

Are there any special protections in North Carolina?

Yes – Executive Order No. 171 (signed on October 28th) provides the following protections:

  • Requires landlords to make renters aware of their rights under the CDC Order.
  • For eviction orders after October 28, landlords must give residents the option to fill out a declaration form before starting any eviction action.
  • Clarifies the CDC moratorium so that it clearly applies to all North Carolinians who meet the CDC’s eligibility criteria, regardless of whether they live in federally-subsidized properties.
  • Ensures that participants of the HOPE program are still able to qualify
  • These renter protections will apply to North Carolinians regardless of the CDC Order’s status in other courts.

Click here to learn more. 

What should I do if I need legal help? 

Contact Legal Aid of North Carolina by calling 1-866-219-5262 or visiting their website. 

You can also reach out to NC211 for connection to any other community resources or referral to legal service providers.

Source: CDC

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