CDC declaration & evictions

[Arthur Donovan]

Are tenants still protected from eviction, under the CDC declaration, under a month to month lease? 

Thanks for your valued insight! 

-Arthur

[Joe Splitrock]

Originally posted by @Rob Bowling:

Tenants are protected for non payment regardless of lease type. However, you can still evict for lease violations and many states are granting non renewals. Which means you give them a 30 day ( or whatever your state requires) notice you aren't renewing their lease, since your tenant is month to month.

 The order doesn't specifically state non-renewals are covered, but you may be able to push it through under item 5. Here are the five exceptions listed that you can use for eviction. Also people need to be careful because there is potential for huge fines if you try to wrongfully evict someone after receiving the CDC declaration. Talk to an attorney:

1. Criminal activity

2. Threatening health or safety of other residents

3. Damaging the property 

4. Violating building code or health ordinance

5. Violating any other contractual obligation (other than timely payment of rent or late fees)

Full CDC order text:

https://www.cdc.gov/coronaviru...