Tenant taking advantage of CDC’s Temporary Halt in Evictions??

[Takahito Torimoto]

My tenant just sent me their "Declaration under Penalty of Perjury for the CDC’s Temporary Halt in Evictions".They moved in Aug 1. They have not paid rent for Sept, Oct, and now Nov.

Separate from the fact that I am an IDIOT for "being nice" to the tenant and her family, and trusting the tenant's word that "the money is coming" - what are my options?

The tenant had mentioned:

1. [Sept 16] She was waiting on COIVID partial unemployment payment from the 3 weeks she was out of work
2. [Oct 8] She can "give (me) a little every Friday" (have gotten $0 since)
3. [Oct 9] She "should be able to get caught up" by end of Oct (she said she had some sources of funds she can get access to before the end of the month)
4. [Oct 20] She confirmed she "should still be able to get caught up on rent"
5. [Nov 2] She "has money coming but (she) didn't know when it will be in (her) account" and that "it's processing" and "once (she) has it, (she) will be able to pay all the rent, late fees, and pet deposit."
6. [Nov 3] "Bank is still processing"
7. [Nov 6] "No one can give me an exact time as to when the money will clear my account. It still says processing"; "I'm paying you everything once it clears. Late fees and everything"

On Nov 5, I mailed the tenant an Eviction Notice (Notice to Quit) via Certified Mail.

On Nov 6, I asked her for a screenshot or a group phone call to prove that the funds were still processing - and the tenant has been silent.

On Nov 8, I received a "Declaration under Penalty of Perjury for the CDC’s Temporary Halt in Evictions" from the tenant.

I understand that this CDC Eviction Moratorium requires that the tenant:

1. 1. Used best efforts to obtain all assistance options for rent
2. 2. Earns less than $99k (or $198 for joint)
3. 3. Is unable to pay rent due to substantial loss of household income or medical expenses
4. 4. Using best efforts to make timely partial payments as circumstances may permit
5. 5. If evicted, would become homeless or need to move into a residence shared by other people in close quarters
6. 6. Would still need to comply with other obligations under the lease agreement
7. 7. Would have to pay the balance owed in full at the end of the temporary halt on evictions (currently Dec 31, 2020).

How do I prove that she failed #1 or #4 - especially with what the tenant was telling me above? Can her words be used against her?

I also know #5 is not true - she moved into the property from her mother's house (who lives close by). How could I use this against her? (Technically she should be able to get evicted and move back in with her mother, worst case scenario)