Can You Be Evicted During A State Of Emergency Right Now?

Whether evictions are halted depends on the eviction moratorium in effect in your state or locality. An eviction moratorium is a temporary pause on court‑ordered removals that varies by jurisdiction, especially during a state of emergency, and its scope can change at any time.

• Check your state's latest emergency declaration  -  see the state emergency declaration for any eviction moratorium as of December 4 2025.
• Review local city or county orders  -  local eviction protection orders may add or tighten restrictions.
• Verify any federal protections that still apply  -  the HUD eviction protections list current federal rules.
• Look for landlord‑specific exemptions (e.g., non‑payment for utilities)  -  consult the landlord‑specific exemptions page for details.
• Consult your rental assistance program for eligibility  -  the HUD rental assistance program provides guidance on qualifying aid.
• Note the effective dates and any expiration timelines  -  track the moratorium effective dates to avoid surprises.

Confirm the current status on official government websites, and if uncertainty remains, reach out to local legal‑aid services for personalized help.

Locate your state's emergency eviction rules in three clicks.

Steps to verify the protections that apply to you

• Visit your state's official portal on USA.gov state government page and read the latest governor's declaration.
• Search the state housing or health department site for a page titled 'eviction moratorium' or 'emergency rental protections.'
• Cross‑check with the National Conference of State Legislatures eviction moratorium tracker for up‑to‑date statewide rules.
• Scan county or city health‑order archives; local jurisdictions sometimes add tighter limits.
• Sign up for alerts from the state housing authority or local legal aid clinic to catch rule changes instantly.

As noted earlier, state rules dictate whether a moratorium is in effect; the next section explains how federal protections intersect with those local mandates.

Federal protections during a state of emergency are limited but not nonexistent. The CDC eviction moratorium expired in August 2022, so no nationwide filing pause exists as of current updates. Nonetheless, Congress authorized the Emergency Rental Assistance Program, which provides cash grants to eligible tenants across the country. The Fair Housing Act bars discrimination based on disability or source of income, a safeguard that applies even when local eviction moratoriums are in place (check your jurisdiction).

Key federal tools you can rely on include:

• Emergency Rental Assistance Program - funds to cover unpaid rent, utilities, and fees; apply through the HUD Emergency Rental Assistance Program (may vary by location).
• Fair Housing Act - prohibits eviction retaliation for requesting reasonable accommodations related to a disability; file a complaint with the Fair Housing Act anti‑discrimination rules.
• HUD notice requirement - landlords must give a 30‑day termination notice and an option to pay arrears before court action; this baseline standard persists regardless of state rules.
• CFPB guidance on debt collection - while the FDCPA does not cover landlords, the CFPB guidance on debt collection advises on fair practices for third‑party servicers threatening eviction.

These protections may vary by location; verify eligibility on the official sites referenced.

• **Myth 1:** *All evictions stop automatically when a state of emergency is declared* - Only courts respecting a declared eviction moratorium pause actions, and many states carve out exemptions for criminal activity or repeated violations (check your jurisdiction, see National Governors Association guide).
• **Myth 2:** *Federal eviction protections shield every renter during any crisis* - Federal rules only cover properties tied to federal aid programs and may not extend to private leases; verify local applicability (may vary by location, see HUD rental assistance overview).
• **Myth 3:** *Missing a rent payment during a crisis triggers immediate eviction* - Most jurisdictions impose a notice period and a chance to cure, and many emergency orders lengthen that window (check your jurisdiction, read Nolo eviction notice guide).
• **Myth 4:** *Rental assistance guarantees eviction protection* - Assistance can reduce arrears but does not automatically stop legal action; landlords may still file if payments fall short of what's owed (may vary by location, see Census rental assistance data).
• **Myth 5:** *When an eviction moratorium lifts, all pending cases disappear* - Courts often resume previously stayed actions, and tenants must promptly request hearings or negotiate payment plans to avoid judgment (check your jurisdiction, consult Legal Services eviction protections).

The eviction moratorium tied to a state of emergency blocks only non‑payment actions; landlords may still pursue other lease violations, as we noted in the 'emergency rules' section. State rules and federal protections often leave those grounds untouched, meaning tenants aren't fully shielded.

• Health‑code breaches, such as mold or pest infestations, let a landlord start eviction proceedings (check your jurisdiction).
• Unauthorized occupants or pets violate lease terms and trigger notices (may vary by location).
• Repeated noise complaints or illegal activity give grounds for removal (as of recent updates).
• Retaliation for asking about rental assistance can lead to an eviction suit, though some local orders prohibit it (see HUD guidance).
• Utility shut‑offs that cause loss of essential services may be deemed a material breach (refer to CDC's emergency housing advice).

All these risks persist despite the moratorium, so reviewing state rules and seeking rental assistance promptly remains crucial.

Apply for rental assistance now before the deadline disappears. Eligibility hinges on your state/local area's rules, so check your jurisdiction and assume criteria may vary by location.

1. Verify eligibility on the official emergency‑management site (e.g., California Rental Assistance portal) - check your jurisdiction, may vary by location.
2. Assemble required paperwork: lease, income proof, eviction notice, utility bills - as of recent updates, most programs request these documents.
3. Submit the online form before the cut‑off date posted on the portal - deadlines typically align with the end of the state's eviction moratorium.
4. Monitor application status via the portal dashboard or dedicated hotline - federal protections may influence processing speed.
5. If denied, file an appeal within the window specified and contact local legal‑aid services - local orders sometimes provide additional relief.

Challenge an eviction by confirming whether the notice breaches the state of emergency protections in your jurisdiction. First, locate the specific emergency rule - often posted on your state attorney general's site (see state attorney general listings) or local housing authority - and note any deadline or exemption language. If the notice cites non‑payment but your rent was paid on time, that alone may invalidate the action (as we covered above).

Second, compile the eviction notice, rent receipts, and the emergency rule text, then contact a legal aid clinic or a tenant‑rights hotline for a rapid case review.

Most courts require a written response within five days; include a brief statement that the landlord's claim conflicts with the current emergency protections and attach supporting documents. Request a temporary stay while the dispute is examined, and inform the court that you have filed a complaint with the relevant state housing agency or HUD's eviction prevention resources.

Key actions to take now

• Verify the applicable emergency rule and its exemption list.
• Gather proof of rent payment and the landlord's notice.
• File a formal response and stay request with the court.
• Reach out to free legal‑aid services for assistance.
• Report the landlord to the state housing authority or HUD if the eviction appears unlawful.

act now to lock in any remaining safeguards. Check the exact expiration date on your state's official portal; deadlines differ by jurisdiction and may shift with new health orders (as we covered above).

Prepare a short action plan:

• Gather proof of income, lease, and any pandemic‑related payment agreements.
• Submit pending rental‑assistance applications before the cutoff; see the HUD rental assistance portal for eligibility.
• Notify your landlord of your intent to stay and propose a payment schedule if you're behind.
• Review local tenant‑rights resources for post‑moratorium protections; many cities maintain 'gap' rules.
• Monitor updates from the CDC eviction moratorium details page, as federal guidance can re‑activate protections.
• Keep a record of all communications; written logs become crucial if disputes arise.

These steps buy time before the next section on health‑order eviction threats takes over.

A health‑order eviction threat is illegal when eviction protections are part of your state of emergency. First, confirm whether your jurisdiction has issued a health‑related eviction moratorium by checking the official state health department site or the CDC guidance on eviction protections during health emergencies. If a protection exists, the landlord must honor it.

• Document the threat - keep emails, texts, or letters that allege eviction because of a health order.
• Notify the landlord in writing - cite the specific state rule, request a pause on eviction proceedings, and attach proof of the health order.
• Seek assistance - contact local legal aid, a tenant‑rights organization, or the state's housing agency for free counsel and possible rental assistance.

If the landlord ignores the notice, file a complaint with the state housing regulator and consider a small‑claims suit. As we covered above, non‑payment isn't the only trigger; health‑order violations can also spark eviction attempts, which you can contest now before moving on to natural disaster eviction scenarios later in this guide.

Eviction protections during a natural disaster hinge on the state of emergency declared by your state or local authorities. Check your jurisdiction's emergency orders because they may temporarily suspend evictions, extend notice periods, or require landlords to provide alternative housing. Protection scope varies by disaster type - flood, wildfire, or hurricane - so verify whether local shelter mandates or evacuation zones trigger additional safeguards.

• Review the official emergency declaration on the governor's website; note the start and end dates.
• Contact your landlord in writing to confirm any temporary suspension of eviction actions.
• Gather documentation of evacuation orders, shelter assignments, or damage assessments as proof.
• Apply for rental assistance through your state's disaster relief portal before the moratorium expires.
• Keep a copy of all correspondence and receipts; they become critical if the landlord files an unlawful eviction later.

Hurricane‑season eviction battles prove that emergency orders can stall - but rarely cancel - landlord proceedings, making swift documentation and assistance requests essential (as we covered above).

1. Confirm whether your county issued an emergency declaration by checking the FEMA emergency‑declaration map; rules differ by jurisdiction and may change after the storm passes.
2. Gather every notice, email, or text from your landlord dating to the declaration; timestamps create a paper trail if the court questions the pause.
3. Submit a rental‑assistance application to your state's emergency‑relief portal within the program window; 'current as of December 5 2025' guidelines list tight deadlines for hurricane‑impacted renters.
4. Notify your landlord in writing that you are invoking the emergency pause, citing the specific declaration and attaching proof of assistance filing; keep a copy for the court record.
5. Contact a local legal‑aid clinic or the HUD tenant helpline (HUD tenant resources) to verify that the pause still applies and to prepare a response if the landlord files a motion.

Act before the emergency order expires; otherwise, the 'pause' disappears and ordinary eviction rules resume.