Eviction Moratorium Question

[Dustin B.]

Good Afternoon BP,

Have (an inherited) tenant behind on August's rent by $175. This tenant also did not pay for September's rent for $875. We sent out the 5 day right to cure on Thursday 9/3, so we would be looking to file eviction with the court tomorrow morning.

She messaged after receiving 5 day notice and claimed she did not have to pay the rent due to the eviction moratorium (enacted 9/4/20.) 

However, it is my understanding that you must hit ALL of the criteria in order to be protected from eviction. 1) she did not fill out and send over the declarations page to her landlord 2) her income was definitely not affected by COVID-19 as she is not working and using receiving government assistance - just decides not to pay.

I tried to call the clerk of courts to ask the questions, but they did not want to answer these questions. The main question here - Am I still allowed to continue eviction? Her inability/unwillingness to pay rent has nothing to due with Covid-19. Just want to make sure I am not interpreting anything incorrectly. 

The Order went into effect on September 4, 2020, and prohibits residential landlords nationwide from evicting certain tenants through December 31, 2020. The Order protects tenants who:

• have used their best efforts to obtain government assistance for housing
• are unable to pay their full rent due to a substantial loss of income
• are making their best efforts to make timely partial payments of rent, and
• would become homeless or have to move into a shared living setting if they were to be evicted.

In addition to the above requirements, one of the following financial criteria must apply. To qualify for protection, tenants must:

• expect to earn no more than $99,000 (individuals) or $198,000 (filing joint tax return) in 2020
• not have been required to report any income to the IRS in 2019, or
• have received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act.

Tenants must complete a declaration under penalty of perjury that they meet the criteria listed in the Order.