Eviction Moratoriums

COVID-19 has affected the real estate industry in many, many ways. More than 100 million Americans lost their jobs due to the pandemic. This shift in income has made it incredibly challenging for many households to make rent. As a result, eviction moratoriums have been put in place to protect those who cannot pay their rent from being evicted. 

In 2020, all but seven states had active eviction moratoriums. Right now eviction moratoriums are decided on a state-by-state basis. Less than half of all US states currently have an eviction moratorium in place. In recent days, there has been debate about whether the Centers of Disease Control has the legal authority to impose a nationwide eviction moratorium. While it would be helpful and beneficial to renters, it's been decided that no, the CDC does not have the power to do so.

Before we dive into the status of eviction moratoriums in Oregon and Washington. Let's back up to talk about exactly what is an eviction moratorium. To evict is to expel someone from a property, especially with the support of a law. A moratorium is a temporary prohibition of an activity. Therefore, an eviction moratorium makes it unlawful to force someone out of their apartment, duplex or any other rental agreement on the premise that they can't pay their rent. 

Eviction moratoriums, while helpful for struggling renters, place a tremendous amount of pressure on landlords. Because the moratoriums protect tenants from being kicked out, many renters are not required to make their normal payments. In the absence of these expected payments, landlords are struggling to keep up with property expenses.

After more than a year of active eviction moratoriums, the unpaid rent is piling up.

So what do you need to know?

Right now, on a federal level, the Courts are bringing into question whether the Public Health Service Act grants the Centers for Disease Control the power to impose a nationwide eviction moratorium. This would mean individual states would no longer have the authority to impose, or not impose an eviction moratorium for the state's renters. A nationwide eviction moratorium would help struggling renters but hurt struggling landlords. 

In Oregon, a statewide eviction moratorium (HB4401) is in place until June 30, 2021. This means landlords cannot legally evict renters for nonpayment until July 1, 2021. In Washington however, Governor Jay Inslee announced recently that landlords can now evict renters for specific reasons, which include failure to pay rent.  

What do you think? Are you in support of an eviction moratorium? We want to hear from you! Share your thoughts with us.