Q: I gave 45 days notice to terminate a month to month lease so I can move back in. Is tenant protected under moratorium?
The month-to-month lease they signed states I must give at least 30 days notice - i gave 45. I need to move back into my house. Tenant now (30 days after notification) states they are protected under Federal COVID eviction moratorium and will not leave. Is this true? They are willing to pay another month even though I have ended their lease last month.
A:
The eviction moratorium was extended until January 31, 2021. See below. It will probably be extended again.
CDC EVICTION MORATORIUM
The CDC Eviction Moratorium has been EXTENDED until January 31, 2021.
Summary and Analysis of COVID Relief and FY 2021 Spending Bills Congress passed a COVID relief package in December 2020, which includes an extension of the CDC moratorium and rental assistance, and a fiscal year 2021 spending bill that includes funding for HUD and affordable housing programs.
A: My understanding is that the moratorium is only for non-payment of rent. Any other reason (not money) for termination of a lease is still valid. I suggest you contact an experienced landlord tenant lawyer in that area for advice.
1 user found this answer helpful
A: The moratorium is related to evictions for non-payment of rent, so you should be able to proceed with an eviction to terminate a month to month tenancy. If you decide to hire a lawyer, I'm sure anyone who responds would be happy to help. Good luck.
1 user found this answer helpful
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