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New eviction moratorium: Tenants need a Declaration form to be protected

This protection isn't automatic. Tenants need to sign the Declaration form and give it to their landlord.

GREENSBORO, N.C. — The new evictions moratorium went into effect Friday.

That is the headline. From now until Dec. 31, landlords won't be able to evict tenants who can't pay their rent, but there is fine print that you must know.

Tenants are only protected if they can say these seven things on the CDC Declaration form are true:

*They have tried to get government assistance to help pay for rent

*They will earn less than $99,000 as a single person or $198,000 as a couple

*They are unable to pay full rent due to loss of household income

*They are making their best efforts to pay partial payments

*If evicted they would be homeless                                                     

*They understand they still owe the rent and may face penalties, late fees, and interest

*Once the moratorium is over the amount they owe in back payments is owed in full

Issac Sturgill of Legal Aid of NC joined 2WTK to answer your questions about evictions.

Tenants don't just have to say this is true, they have to find this Declaration form online, sign it, and give it to the landlord.

2WTK  caught up with attorney Issac Sturgill.

“The order is very clear. The order puts the onus on the tenant. The tenant has to take the step in signing the affidavit and sending it to the landlord before they get the protection. So, if they don't do that then the order doesn't help them,” Sturgill said.

This is not like the CARES ACT moratorium. In this act:

*The tenant has to initiate the protection

*Landlords can charge rent, late fees, and interest

*This moratorium simply delays eviction

“At the end of the year if the tenant is still behind, they'll have to face the music on Jan. 1. They will owe the money”, Sturgill said.


Legal Aid of NC is able to help you navigate the document and dealing with your landlord.