The CDC's New Eviction Moratorium (“New Moratorium”) is set to expire on October 3, 2021, unless extended, modified, or rescinded. See https://www.cdc.gov/media/releases/2021/s0803-cdc-eviction-order.html

However, the New Moratorium does not apply to everyone. To be entitled to protection, among other things, a tenant must be in a community with substantial or high levels of community transmission.

What Should A Tenant Do to Assert COVID 19 Rights?

Note, the New Moratorium is NOT automatic. Tenants should consider completing the CDC Declaration/Affidavit (“Declaration”) and sending it to their landlords via certified mail or use this form builder: https://www.covid19evictionforms.com/ to create one.

If a landlord files an eviction, to be afforded protection under the Moratorium, Tenants must serve their landlords with the CDC Declaration/Affidavit, and Tenants must file a copy of it with the court.

Tenants in Florida should also note that the New Moratorium does not stop three-day notices or five-day summons from being served. Nor does the Moratorium prevent an eviction judgment from being entered. It merely prohibits the eviction process where the eviction court directs a sheriff to come to the rental home to remove tenants physically.

It is questionable whether the Moratorium will protect those tenants who are being evicted due to the expiration of a lease or the termination of a month-to-month lease.

Conclusion

Tenants should serve their landlord with a Declaration as soon as they can. After serving the Declaration with the landlord, they (1) verify whether they are in a community with substantial or high levels of community transmission of COVID-19 and/or whether they are being evicted for an expiration of the lease. Then, they should file the Declaration with the court. If any of this is overwhelming for a tenant, the tenant should seek the assistance of a lawyer.