Are tenants still protected from eviction, under the CDC declaration, under a month to month lease? 

Thanks for your valued insight! 

-Arthur

Tenants are protected for non payment regardless of lease type. However, you can still evict for lease violations and many states are granting non renewals. Which means you give them a 30 day ( or whatever your state requires) notice you aren't renewing their lease, since your tenant is month to month.

Rob, your post is truly helpful! Thank you! 

Be aware some judges will ask if the tenant is paid up or behind if you go to court for termination. If they are, some judges have considered that to be cheating to get around the nonpayment moratorium and abating or dismissing the case altogether 

So Eric, that still plays more the hand that the month to month lease is preferred - correct? 

@Arthur Donovan filing is one thing but actually getting to court is another because most courts are closed.  You should check your local courts to see if they are open.  Here in Memphis they are still closed.

Originally posted by @Rob Bowling :

Tenants are protected for non payment regardless of lease type. However, you can still evict for lease violations and many states are granting non renewals. Which means you give them a 30 day ( or whatever your state requires) notice you aren't renewing their lease, since your tenant is month to month.

 The order doesn't specifically state non-renewals are covered, but you may be able to push it through under item 5. Here are the five exceptions listed that you can use for eviction. Also people need to be careful because there is potential for huge fines if you try to wrongfully evict someone after receiving the CDC declaration. Talk to an attorney:

1. Criminal activity

2. Threatening health or safety of other residents

3. Damaging the property 

4. Violating building code or health ordinance

5. Violating any other contractual obligation (other than timely payment of rent or late fees)

Full CDC order text:

https://www.cdc.gov/coronaviru...

Well done, Joe! I think we have a clearer picture here of how to possibly mitigate some losses. Thank you all! 

Originally posted by @Joe Splitrock :

Originally posted by @Rob Bowling:

Tenants are protected for non payment regardless of lease type. However, you can still evict for lease violations and many states are granting non renewals. Which means you give them a 30 day ( or whatever your state requires) notice you aren't renewing their lease, since your tenant is month to month.

 The order doesn't specifically state non-renewals are covered, but you may be able to push it through under item 5. Here are the five exceptions listed that you can use for eviction. Also people need to be careful because there is potential for huge fines if you try to wrongfully evict someone after receiving the CDC declaration. Talk to an attorney:

1. Criminal activity

2. Threatening health or safety of other residents

3. Damaging the property 

4. Violating building code or health ordinance

5. Violating any other contractual obligation (other than timely payment of rent or late fees)

Full CDC order text:

https://www.cdc.gov/coronaviru...

Each city and judge might be different. I've successfully gotten rid of 4 tenants in the past 5 months through non renewal. Like the judge told my last tenant that showed up via zoom....." I can't make a landlord keep leasing to you after a lease is over, just like I can't force you to stay at the completion of your lease."

I also don't believe the CDC order addresses it because non renewals aren't considered evictions. You can be non renewed, and that wouldn't show up as an eviction.

An attorney in your particular city will be able to tell you in 10 seconds how that city is addressing non renewals.