The Centers for Disease Control (CDC) issued a nation-wide eviction moratorium through December 31, 2020. The CDC cites the need to slow the spread of COVID-19 by preventing evicted tenants from crowding into shelters or shared housing.
The CDC eviction moratorium does not apply where state or local eviction moratoriums provide the same or greater level of protection.
The CDC eviction moratorium requires tenants to provide their landlord a sworn declaration alleging under oath essentially that they have made best efforts to find government aid, cannot pay past due and future rent, and have nowhere to go. The approved declaration form reads in part " You may also still be evicted for reasons other than not paying rent or making a housing payment."
The CDC eviction moratorium does not prevent eviction for
- Criminal activity
- Threat to health or safety
- Property damage
- Violation of building codes, health codes, and similar laws
- Violation of other contractual obligations, other than non-payment of rent or other charges
While Washington courts have yet to rule on the CDC moratorium, it may not apply in Washington because there are already state and local moratoriums the provide the same or greater protection.
Will you clarify for me that If the CDC moratorium does not apply to WA won’t landlords be able to evict with intent to sell or move in? Won’t this allow every landlord the option to evict if they choose? How is intent to sell proven?
Courts in every type of case must make determinations of credibility and whether a party meets its burden of proof. A landlord who evicted a tenant on a stated intent to sell, but who later made no reasonable, good faith efforts to market the property (listing it, etc.) might be liable after the fact.
Is this elimintating the exception for the eviction due to sale of property ?
Tenants (through no-cost attorneys) make that argument in court. So far we have been successful against this legal argument.