Updated: March 31, 2020
Due to the effects of the novel coronavirus (COVID-19), a record 3,283,000 people filed for unemployment1. Thankfully most governors took action and began suspending eviction actions in mid-March. The bad news is most suspensions will only get the tenant to mid-April before being evicted if they cannot make rent.
Coronavirus disease (COVID-19) – Get the latest information from the World Health Organization about coronavirus. –WHO
Contents
Is Rent Due on April 1st?
Yes. You still have to pay rent on April 1st even if the landlord cannot evict you. Although, in most States the landlord is not allowed to evict you until the eviction moratorium is over. It’s best to contact the landlord if you are not able to pay rent on the first and let them know your circumstances.
Federal Law
Under Federal law2, all single-family homeowners with FHA-insured mortgages cannot be evicted or foreclosed on for the next 60 days (starting March 18, 2020).
50-State Laws
Use the table(3)(4)(5) below to find out the eviction suspensions in your area.
State | Evictions Suspended? | Source |
Alabama | No. In-person filings are not allowed until April 20, 2020, but electronic filings may proceed. | Administrative Order No. 3 |
Alaska | Yes. The courts are closed until April 3, 2020. | Special Order of the Chief Justice Order No. 8131 |
Arizona | Yes. Evictions are paused for 120 days starting March 24, 2020, for the non-payment of rent only for those experiencing a job loss, reduction in income, or other pertinent circumstances. | Executive Order 2020-14 |
Arkansas | No. There may be evictions suspended on the County-level. Check with your District Court. | N/A |
California | Yes. Evictions are paused until May 31, 2020. | Executive Order N-28-20 |
Colorado | Yes. Evictions for non-payment shall be halted until April 30, 2020. | Executive Order (D 2020 012) |
Connecticut | Yes. New evictions cannot be filed through May 1, 2020. | Superior Court Order March 20, 2020 |
Delaware | Yes. New evictions cannot be filed through May 1, 2020. | Standing Order to help limit the spread of COVID-19 virus |
Florida | Yes. Mentioned as “Writs of Possession”, the Florida Supreme Court has postponed all eviction proceedings through April 17, 2020. Vacation rentals are suspending from being rented from March 24, 2020, and to continue for 14 days. | Supreme Court Order No. AOSC20-17, Governor Announcement of Rental Home Suspension |
Georgia | Most likely. Most counties have enacted emergency judicial orders suspending eviction processes. | County-by-County Emergency Judicial Orders |
Hawaii | Yes. No new eviction actions may be filed until April 30 and any on-going processes are suspended indefinitely. | SCMF-20-0000152 |
Idaho | Maybe. Blaine County has suspended evictions until further notice. It’s best to check your local County court. | Blaine County Administrative Order 20-03 |
Illinois |
Yes. No new evictions shall be processed through April 7, 2020. Counties have also enacted their own moratoriums such as: Cook County (April 15) Dekalb County (April 17) Kendall County (April 17) Marshall County (April 17) Peoria County (April 17) Tazewell (April 17) Putnam County (April 17) Stark County (April 17) |
COV-ID Executive Order No. 08, Cook County, Dekalb County, Kendall County, 10th Circuit Court. |
Indiana | Yes. Evictions are halted until the ‘State of Emergency’ has been lifted. | Executive Order 20-06 |
Iowa | Yes. Evictions are paused until the ‘Proclamation of Disaster Emergency’ has ended. | Proclamation of Disaster Emergency |
Kansas | Yes. All evictions are postponed until May 1, 2020. Utility disconnections are also postponed until April 15, 2020. | Executive Order No. 20-06 |
Kentucky | Yes. No new filings may occur until April 10, 2020. | Executive Order 2020-215 |
Louisiana |
Yes. State order has mandated no new filings until April 13, 2020. Other districts have extended further such as: Baton Rouge (April 20) Orleans Parish (April 24) Eastern District of Louisiana (May 1) Be sure to check your local court for updates. Electricity shut-offs have been postponed until April 14, 2020. |
Proclamation Number JBE 2020-03, Baton Rouge Statement (March 13, 2020), Louisiana Housing Corporation, Eastern District of Louisiana Statement, Entergy Statement |
Maine | Yes. All evictions are halted until May 1, 2020. Utilities shall not be disconnected until further notice. | Emergency Rules from the Supreme Judicial Court for Forcible Entry and Detainer (Eviction) Cases |
Maryland | Yes. All evictions are on hold during the Statewide emergency. In addition, no utility service may disconnect or charge a late fee for non-payment. | Governor’s Order Prohibiting Evictions, Governor’s Order Prohibiting Termination of Residential Services and Late Fees |
Massachusetts | Yes. Evictions are on hold until April 21, 2020. No termination of utilities or services can proceed until the State of Emergency is lifted. | Housing Court Standing Order 2-20, Chairman’s First Set of Orders under G.L. c. 25, § 4B |
Michigan | Yes. All evictions are halted until April 17, 2020. | Executive Order 2020-19 |
Minnesota | Yes. During the ‘State of Emergency’. Utilities cannot be shut-off until April 15, 2020. | Emergency Executive Order 20-14, Cold Weather Rule |
Mississippi | Yes. A Judge may postpone a filing until May 15, 2020. Most likely, all cases will be postponed until such time but recommended to check with your local court. Water, sewer, gas, and electricity shutoffs are also on hold starting March 15, 2020 and shall continue for a period of 60 days. | Emergency Administrative Order 2, Docket No. 2018-AD-141 |
Missouri | Yes. All evictions have been suspended until April 17, 2020. For the City of St. Louis, no water shutoffs may occur until May 15, 2020. | Response to the Coronavirus (COVID-19) Pandemic, City of St. Louis – Water Shutoffs |
Montana | Maybe. Decided by the local court. Use the Court Locator and contact to find out. | Montana Supreme Court Immediate Release |
Nebraska | Yes. No eviction filings may be started through May 31, 2020. | Executive Order No. 20-07 |
Nevada |
No. Except for: Clark County (April 20, 2020) Henderson County (April 20, 2020) Washoe County (April 20, 2020) For electricity, NVEnergy has issued a statement that no disconnections will be made during the ‘State of Emergency’. |
Clark County, Henderson County, NVEnergy Statement |
New Hampshire | Yes. All evictions are put on hold until the end of the ‘State of Emergency’. Disconnections for gas, electricity, water, and telephone services will also be in place during such time. | Emergency Order #4 Pursuant to Executive Order 2020-04, Emergency Order #3 Pursuant to Executive Order 2020-04 |
New Jersey | Yes. Two (2) months following the end of the Public Health Emergency or State of Emergency established by Executive Order No. 103 (2020), whichever ends later, unless this Order is first revoked or modified by the Governor in a subsequent executive order. In addition, all utilities have suspended shutoff orders. | Executive Order No. 103, Statement of Suspending Shutoff Orders |
New Mexico | Yes. If a landlord has filed a ‘Writ of Execution’ the tenant can make a claim to the judge via video or phone, stating their inability to pay. In addition, no utilities may be shut off to residential dwellings during the ‘State Public Health Emergency’. | Case No. 20-00069-UT |
New York | Yes. Starting March 22, 2020, and continuing for 90 days, a moratorium on evictions shall be in effect. | New York ‘State on PAUSE’ Executive Order, Statement About Utilities |
North Carolina | Yes. Halted for at least 30 days starting on March 15, 2020. No utility company is allowed to disconnect a resident’s services due to non-payment during the ‘State of Emergency’. | Coronavirus Update for our Courts |
North Dakota | Maybe. View your County to know the specific eviction suspensions. | County-by-County Responses to Coronavirus |
Ohio | Maybe. Cuyahoga County (incl. Cleveland) has suspended evictions until April 17, 2020. Dayton Municipal Court has delayed until April 30, 2020. Check your local Housing Court for other areas. | Cuyahoga County Administrative Order No. 2020-001, Montgomery County Press Release |
Oklahoma | Most likely. Oklahoma County has suspended evictions 30 days from March 16, 2020. Most courts have delayed until at least April 15, 2020 (source). | Oklahoma County SCAD No. 2020-24, Court Location by County |
Oregon | Yes. 90 days beginning on March 22, 2020, for non-payment of rent only. | Executive Order. 20-11 |
Pennsylvania | Yes. No eviction orders may be filed through April 3, 2020. In addition, there is a statewide halt on water shutoffs. | Pennsylvania Supreme Court Press Release |
Rhode Island | Yes. No evictions may be filed for 30 days starting on March 19, 2020. | Rhode Island Press Release |
South Carolina | Yes. No eviction may be filed through May 1, 2020. | Order from the South Carolina Supreme Court |
South Dakota | No. Although, it may be suspended on the County-level. | Court Locations by County |
Tennessee | Yes. No eviction is allowed to take place until April 30, 2020. | Supreme Court of Tennessee at Nashville No. ADM2020-00428 |
Texas | Yes. The filing of an eviction action cannot be done until after April 19, 2020, and no Writ of Possession may be posted until after April 26, 2020. | Misc. Docket No. 20-9045 |
Utah | Maybe. Utah Supreme Court has left it up to each County whether to suspend evictions | Court Locations by County |
Vermont | Most likely. The Supreme Court of Vermont has suspended in-person eviction proceedings until April 15, 2020. | Order Promulgating Amendments to Administrative Order No. 49 |
Virginia | Yes. The Supreme Court of Virginia has suspended all evictions until April 6, 2020. There is a clause that allows extending an additional 21 calendar days if the threat continues (which seems likely). | Supreme Court of Virginia (In Re: Order Declaring a Judicial Emergency in Response to COVID-19 Emergency) |
Washington | Yes. For 30 days beginning on March 18, 2020. | Proclamation by the Governor Amending Proclamation 20-05 |
West Virginia | Yes. Evictions may not be filed through April 10, 2020. | Administrative Order (Supreme Court of Appeals of West Virginia) |
Wisconsin | Yes. Evictions may not be filed for 60 days beginning on March 27, 2020. | Emergency Order #15 (Temporary Ban on Evictions and Foreclosures) |
Wyoming | Most likely. The Supreme Court has prohibited all in-person court proceedings. Therefore, you must check your local court to know for sure the current status of evictions. | State of Wyoming Executive Department Order 2022-05 |
How to Avoid Eviction (5 Ways)
Avoiding eviction during the coronavirus pandemic means giving some monetary payment to the landlord or providing some type of security. A landlord often has their own bills to pay such as a mortgage and everyday expenses to the premises. The landlord may be in just as bad a shape as the tenant.
For any of the options below the landlord and tenant may use the Coronavirus (COVID-19) Lease Amendment.
1. Renegotiate the Rent
The best option is to speak with the landlord and inform them of your current financial situation. How the negotiations will go depends on the landlord-tenant relationship. Hopefully, the tenant is able to lower their monthly rent amount or find another solution during these turbulent times.
2. Rent Deferment
If you are able to pay rent for future months (starting May or June), but just not for the month of April, it’s best to create a rent deferment arrangement. This allows the tenant to pay the rent over time. For example, pay 10% of April’s rent over the course of 10 months until it’s paid-in-full. Most rent deferment plans do not charge the tenant interest to the tenant.
3. Add a Co-Signer
If the landlord is worried about the tenant paying their rent in the future, they may request that a “co-signer” or “guarantor” be added to the lease. This gives the landlord security that if the tenant does not pay, that the co-signer will be obligated to pay the remaining amounts due in the lease.
4. Forgiving Rent
For landlords that want to keep their tenants and know that they cannot pay the rent for April. This allows the tenant a “pass” and allows the tenant to continue their lease without obligation to ever pay April rent.
5. Vacating the Property
The last option is for the tenant to give up the premises and walk away from the lease. According to State law, the landlord must agree to the tenant being released from their rental contract. Otherwise, the tenant will remain liable for the remaining monthly rent payments.
Coronavirus Lease Amendment
Coronavirus Lease Amendment – Use to modify or terminate a lease agreement during the COVID-19 pandemic.
Download: Adobe PDF, MS Word (.docx), OpenDocument
Sources
1. www.dol.gov/ui/data.pdf
2. https://archives.hud.gov/news/2020/pr20-042.cfm
3. https://web.csg.org/covid19/executive-orders/
4. www.nolo.com/legal-encyclopedia/emergency-bans-on-evictions-and-other-tenant-protections-related-to-coronavirus.html
5. www.fool.com/millionacres/real-estate-market/articles/cities-and-states-that-have-paused-evictions-due-to-covid-19/