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The CDC Has Issued A New Eviction Moratorium In Communities With Substantial or High Levels of Community Transmission of COVID-19

Posted by Debi Rumph | Aug 05, 2021 | 0 Comments

The CDC's New Eviction Moratorium (“New Moratorium”) is set to expire on October 3, 2021, unless extended, modified, or rescinded. See

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: 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.


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.

About the Author

Debi Rumph

The Law Offices of Debi V. Rumph and Debi's Tenant Clinic Corner About Us Since July 2005, The Residential Realty Law Firm provided a wide range of legal services as it related to home ownership. However, on July 1, 2012, The Residential Realty Law Firm became the Law Offices of Debi V. Rumph. Debi pr...


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