Citing the health risks of losing shelter during a global pandemic, the U.S. Centers for Disease Control and Prevention has issued a moratorium on evictions through the end of year.
That means that if your annual income is below a certain amount and you’ve lost income because of the COVID pandemic, your landlord cannot initiate eviction proceedings against you for nonpayment of rent until at least the beginning of 2021.
In order to qualify for the moratorium, you must be able to say “yes” to the following questions:
- I have used best efforts to obtain rental assistance;
- My 2020 income is less than $99,000 (or $198,000 if filing jointly), or I did not have to pay income tax in 2019, or I received a stimulus check this year (2020);
- I am unable to pay rent due to income loss or extraordinary out-of-pocket medical expenses;
- I would become homeless or need to double-up if evicted;
- I will still “use best efforts” to make partial payments;
- I understand that my landlord may require payment in full for all missed payments at the end of the eviction protections (December 31).
You must sign and present the declaration below to your landlord to avoid being taken to court. This does not cancel your rent obligations. The moratorium simply prevents landlords moving forward currently with evictions against tenants who qualify under the moratorium and who submit the declaration form to their landlord.
The above is not legal advice. If your landlord is trying to evict you, or if you have questions about your individual situation, ACLU-WV recommends that you immediately contact a local attorney. One resource is Legal Aid of West Virginia. They can be reached at 866-255-4370 or by visiting https://www.lawv.net/.