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Coronavirus COVID-19 Updates

Posted on: September 11, 2020

CDC: Temporary Halt in Residential Evictions to Prevent Further Spread of COVID-19

CDC - Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19

Under this Order from the federal Centers for Disease Control and Prevention (CDC), 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 in any jurisdiction to which this Order applies during the effective period of the Order. 

This Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order. The order applies in Athens-Clarke County, Georgia.

In accordance with 42 U.S.C. 264(e), this Order does not preclude State, local, territorial, and tribal authorities from imposing additional requirements that provide greater public-health protection and are more restrictive than the requirements in this Order.

This Order is a temporary eviction moratorium to prevent the further spread of COVID–19. This Order does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation that the individual may have under a tenancy, lease, or similar contract. Nothing in this Order precludes 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, under the terms of any applicable contract.

Nothing in this Order precludes evictions based on a tenant, lessee, or resident: 

  • (1) engaging in criminal activity while on the premises; 
  • (2) threatening the health or safety of other residents;
  • (3) damaging or posing an immediate and significant risk of damage to property;
  • (4) violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or 
  • (5) violating any other contractual obligation, other than the timely payment of rent or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest).

This Order is effective September 4, 2020 through December 31, 2020.

To invoke the CDC’s order, persons must provide an executed copy of the Declaration form (or a similar declaration under penalty of perjury) to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live. Each adult listed on the lease, rental agreement, or housing contract should likewise complete and provide a declaration. 

Unless the CDC order is extended, changed, or ended, the order prevents these persons from being evicted or removed from where they are living through December 31, 2020. These persons are still required to pay rent and follow all the other terms of their lease and rules of the place where they live. These persons may also still be evicted for reasons other than not paying rent or making a housing payment.

For more information on the order and a copy of the declaration form, visit https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html.

Although not part of the CDC Order, the Georgia Department of Community Affairs produces a Landlord/Tenant Handbook that provides useful information about landlord/tenant law in the state. The handbook is available at www.accgov.com/landlord.

CDC Website with Details & Declaration
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