Tenant Protections in Eviction Moratoriums

Published on December 12, 2024

by Jonathan Ringel

The COVID-19 pandemic has caused widespread economic upheaval, leaving many individuals and families struggling to make ends meet. In response, many cities and states have implemented eviction moratoriums to protect tenants from losing their homes during this difficult time. While eviction moratoriums offer temporary relief, many are unaware of the full extent of their protections. In this article, we will explore the specific tenant protections in eviction moratoriums and what you need to know to ensure your rights are not violated.Tenant Protections in Eviction Moratoriums

Understanding Eviction Moratoriums

An eviction moratorium is an emergency measure put in place by governments to prevent landlords from evicting tenants during a specified period. The goal of these moratoriums is to provide temporary relief to tenants who are financially struggling due to the pandemic. These moratoriums vary in scope and duration depending on the location, but they all share the common goal of preventing individuals and families from being forced out of their homes during an already challenging time.

Tenant Protections under Eviction Moratoriums

1. Protection from eviction for nonpayment of rent

One of the main protections offered by eviction moratoriums is the suspension of evictions for nonpayment of rent. This means that during the specified moratorium period, tenants cannot be evicted solely for not paying their rent. However, it is vital to note that this protection only applies if the tenant has directly been impacted by the pandemic and is unable to make rent payments. This could include job loss, reduced working hours, or illness.

2. Prohibition of late fees and penalties

In addition to halting evictions, some eviction moratoriums also prohibit landlords from charging late fees and other penalties for late or missed rent payments. This added protection aims to prevent landlords from taking advantage of tenants who are already facing financial difficulties. If your landlord is attempting to charge you late fees during the moratorium period, it is crucial to know your rights and remind them that such fees are prohibited by law.

3. Extension of notice period for evictions

Typically, when a landlord wants to evict a tenant, they must provide a certain notice period before filing for eviction. However, under eviction moratoriums, this notice period may be extended, giving tenants more time to address any issues before facing eviction. This extension can be crucial for those facing financial hardship, as it allows them additional time to secure financial assistance or make arrangements with their landlord.

4. Protection from retaliation

Retaliation from landlords is a common concern among tenants, especially when it comes to issues like late or missed rent payments. However, under eviction moratoriums, retaliation against tenants for exercising their rights is prohibited. This means that if you inform your landlord that you are unable to pay rent due to pandemic-related hardship, they cannot retaliate by threatening to evict you or taking other adverse actions.

What to Do If Your Rights Are Being Violated

As a tenant, it is essential to know your rights under eviction moratoriums and what to do if you believe they are being violated. If you feel that your landlord is not following the proper procedures or is attempting to evict you in violation of the moratorium, it is crucial to seek legal advice and assistance. Many cities and states have resources and hotlines available to help tenants facing eviction during the pandemic.

Conclusion

Eviction moratoriums offer crucial protections for tenants during this challenging time. It is essential to understand the specifics of the moratorium in your area and your rights as a tenant. By knowing your rights and seeking assistance when needed, you can ensure that you are not unfairly evicted during the pandemic. Remember, your home is your sanctuary, and no one should be forced out of their home during a public health crisis.