CDC declaration will help tenants avoid eviction when state’s eviction moratorium expires this week

Local News

LAS VEGAS (KLAS) — The state’s eviction moratorium for tenants affected by COVID-19 expires on Thursday. At that point, a national moratorium by the CDC will take its place to stop evictions for the rest of the year.

One expert at Legal Aid Center of Southern Nevada said he doesn’t expect too much to change. However, this time around, tenants who qualify must fill out and sign what’s called a “declaration” and give it to their landlord. The CDC order requires that a landlord can not take any action to remove a covered tenant.

 Under the order, tenants must meet certain criteria:

  • Unable to pay full rent due to loss of income or medical bills
  • Have tried to access government assistance
  • Have tried to make partial payments
  • Make less than $99,000 a year or received a stimulus check

To see all of the criteria and download a CDC form, click here.

“The order is pretty specific and the penalties for violating the order are pretty steep. A landlord who violates the order could be potentially liable for $100,000 in damages and one year in jail. So, I think landlords really need to proceed very cautiously if they receive a CDC declaration from a tenant,” said Jim Berchtold, Legal Aid Center of Southern Nevada.

He adds the type of evictions that are allowed under the CDC order are nuisance evictions or lease violations not related to rent.

One thing to keep in mind is that the back rent is due once the moratorium expires on Dec. 31, 2020. The CDC order is for residential evictions and doesn’t cover commercial properties.

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