preparing for a post-CDC eviction moratorium

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So I have a tenant who is totally taking advantage of this moratorium in Indiana... went from paying rent to serving me the CDC affidavit and havent got a penny since.  I am now preparing to evict asap after the moratorium expires.  I've been talking with attorneys and actually getting mixed answers on if I can still serve an eviction notice during the moratorium but just schedule the eviction court hearing after the year is over.  One said yes but another said no.  Does anyone have any insight on this regard?  Thanks 

Originally posted by @Nathan Williams :

So I have a tenant who is totally taking advantage of this moratorium in Indiana... went from paying rent to serving me the CDC affidavit and havent got a penny since.  I am now preparing to evict asap after the moratorium expires.  I've been talking with attorneys and actually getting mixed answers on if I can still serve an eviction notice during the moratorium but just schedule the eviction court hearing after the year is over.  One said yes but another said no.  Does anyone have any insight on this regard?  Thanks 

 I think with the affidavit you should not serve eviction during the moratorium. That is what the CDC order says. That being said, if you have proof they lied on the affidavit, you may have a case to challenge them. For example if the tenant is still employed or unemployed and not seeking available assistance. Find an attorney who will move quickly. I am fairly sure that when Biden takes office, he will extend through the middle or end of 2021.