What types of evictions does the CDC Order cover?
Under the CDC, evictions for nonpayment of rent may be affected where a tenant serves a signed CDC Declaration form on the landlord or the court. If a tenant serves a signed CDC Declaration in a residential eviction case for something other than non-payment, a Judge may determine whether the Declaration applies or does not apply.
Can I still file evictions for nonpayment of rent?
Yes, landlords are still able to file evictions for nonpayment of rent but if a tenant files the declaration, the Court might elect to stay the eviction until March 31, 2021. The means that the tenant could remain in the property without paying any rent for that period of time.
What happens if the tenant serves the landlord with a CDC Declaration before the landlord starts the eviction?
The landlord can still move forward with the eviction action in court, but the judge might elect to stay the eviction until March 31, 2021.
What happens if the tenant files the CDC Declaration after the landlord files the eviction?
The judge might elect to set the case for a hearing, or the judge might decide to stay the eviction until March 31, 2021. Unless the landlord can prove that the tenant is lying on the CDC Declaration, the judge will most likely stay the eviction until March 31, 2021.
Does the landlord have to provide the tenant with a copy of the CDC Declaration form?
No. The burden is on the tenant to provide the CDC Declaration to the landlord or to the Court.
Does the order affect other types of evictions not related to nonpayment of rent?
The order technically only applies to residential evictions based on nonpayment of rent. Landlords are still able to evict commercial tenants, tenants who are in breach of the lease, tenants who are damaging the property or engaging in criminal activity, and tenants who are threatening the health and safety of other residents. However Judges have the authority to determine whether a CDC Declaration may stay a residential case for something other than non-payment. Landlords should not hesitate to move forward with evictions.