The Centers for Disease Control and Prevention (CDC) implemented a ban on all evictions in the United States starting on September 4, 2020, until December 31, 2020. Does the CDC eviction ban apply to Savannah landlords and renters? Can a renter still be evicted during the CDC ban?
Who is protected under the CDC eviction ban?
According to the official document produced by the CDC, renters must meet the following requirements to be eligible for protection from eviction
- They must have made “best efforts” to obtain all available government assistance for rent or housing
- Earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act
- Unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses
- If evicted they would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because they have no other available housing options.
This means that the CDC eviction moratorium does apply to Savannah and other parts of Georgia as long as those requirements are met.
Who is not protected under the CDC eviction ban?
While the eviction ban does protect renters from being evicted due to non-payment of rent, as a landlord there are some protections built into the ban that allows you to evict tenants for specific reasons.
A landlord can still evict a tenant for:
- Engaging in criminal activity while on the 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 or similar housing-related payment (including non-payment or late payment of fees, penalties, or interest).
Do renters need to provide proof to their landlord?
To invoke the CDC’s order the renter must provide an executed copy of the declaration form to their landlord. Every adult listed on the lease or rental agreement should likewise complete and provide a declaration. 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.
Can landlords still charge late fees and penalties for missed payments?
Simply put, yes landlords can still charge late fees for missed payments. According to the CDC document, “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 payments on a timely basis, under the terms of any applicable contract.”
Can you sell your rental property during the CDC eviction ban?
While you may not be able to evict your renter’s, you can still sell your rental property and relieve yourself of some of the stresses caused by your rental houses. If you are interested in getting a no-obligation offer on your rental property, you can fill out the form below and explore all your options during this stressful situation.