Is Eviction During Coronavirus (COVID-19) Allowed By Law?

Landlords can now file eviction actions because the federal COVID‑19 eviction moratorium expired on July 31 2021, and no nationwide blocker remains (see HUD's COVID‑19 eviction guidance).

States and localities may still impose their own freezes, so the rules differ dramatically from California's continued ban to Texas's full exposure. If a tenant's lease‑payment issue stems from pandemic hardship, some states require landlords to offer a repayment plan before proceeding, but that requirement vanished at the federal level. Consequently, the next step is to verify the specific eviction rules in your state, because they dictate whether an eviction can legally move forward today.

Federal COVID‑19 protections now amount to a handful of narrow tools, not a blanket eviction ban.

• CDC eviction moratorium - expired on 26 August 2021; no longer blocks court filings unless a state or locality has imposed its own stay CDC eviction moratorium timeline.
• HUD Emergency Rental Assistance Program - pays back‑pay and current rent when a landlord agrees to accept it; the program itself does not halt eviction proceedings HUD rental assistance overview.
• Fair Housing Act - obliges landlords to provide reasonable accommodations for tenants who qualify as having a disability, such as lingering effects of COVID‑19; ordinary pandemic‑related financial strain does not trigger this requirement Fair Housing Act details.
• CFPB advisory guidance - encourages lenders and servicers to treat borrowers fairly during the pandemic; the guidance is non‑binding and does not create a legal right to stop evictions CFPB eviction guidance.

With federal levers reduced, the next step is to see whether your state or city still offers protection. Check local rules before assuming any relief is available.

The quickest way to know if a landlord can boot you out is to verify your state's current eviction‑moratorium rules.

1. Open the official portal for your state's housing, health, or consumer‑affairs agency; look for a page titled 'COVID‑19 eviction protection' or similar. For example, the California Department of Consumer Affairs COVID‑19 eviction guidance lists every exemption and deadline.
2. Check that the state deadline aligns with the federal CDC moratorium timeline we discussed above; many states have extended protections beyond the federal cut‑off, while others reverted on specific dates. Note the exact expiration date and any conditional clauses.
3. Jot down the rule set that applies to you - whether it covers nonpayment, requires a 30‑day notice, or demands proof of hardship - and save a screenshot for later reference. This snapshot becomes handy when you move on to proving hardship in the next section.

After the federal eviction moratorium ended on August 26 2021, only a subset of states and municipalities still recognize a COVID‑19 hardship defense, so the first step is to verify that local law permits it (see CDC's eviction‑moratorium timeline and your state's housing agency). Once confirmed, file an answer or a motion in the court handling the eviction, attach a packet of supporting evidence, and meet the filing deadline set by that court - deadlines vary, there is no nationwide notice period. The packet should demonstrate that the pandemic directly impeded rent payment and that reasonable steps were taken to mitigate loss.

• Lease agreement and any rent‑payment history
• Proof of income loss (unemployment award letter, reduced‑hours notice, or lay‑off documentation)
• Medical records or a doctor's note confirming COVID‑19 infection or quarantine
• Correspondence with the landlord showing requests for payment plans or hardship accommodations
• Government assistance letters (e.g., emergency rental aid, stimulus payment)
• Employer communication confirming temporary closure or remote‑work mandate

Submitting this concise, documented defense gives the court concrete proof of COVID‑19 hardship and can pause or dismiss the eviction.

legal tools to halt or overturn an eviction even after the federal COVID‑19 eviction moratorium ended on August 26 2022. Effective challenges combine procedural defenses, state‑specific statutes, and strategic use of rental‑assistance programs.

1. File a motion to dismiss for improper notice - Courts will reject eviction cases when the landlord fails to meet the exact notice period required by state law. Check the local notice timeline; a missing day or an incorrect delivery method can invalidate the entire case (see Nolo's guide to eviction notice requirements).
2. Assert a state‑level COVID‑19 relief defense - Some states retained limited tenant‑protection clauses after the CDC order lapsed. In California, for example, the remaining provisions of the COVID‑19 Tenant Relief Act still require landlords to offer rent‑relief assistance before proceeding with non‑payment evictions. Demonstrating that the landlord ignored this step can pause the action (California Courts COVID‑19 tenant relief summary).
3. Raise a retaliation or discrimination claim - If the eviction follows a complaint about habitability, a request for legal aid, or a protected‑class disclosure, the tenant may argue the action is retaliatory. Presenting evidence of the preceding protected activity forces the court to scrutinize the landlord's motive.
4. File for a temporary restraining order tied to pending rental assistance - While the HUD Emergency Rental Assistance Program does not automatically stay an eviction, a well‑drafted TRO that cites an active ERAP application can buy time. The motion must show the tenant's good‑faith effort to secure federal aid and that immediate eviction would cause irreparable harm.
5. Negotiate a settlement before trial - Many judges encourage parties to reach a payment plan or lease modification. Proposing a documented agreement, perhaps incorporating any approved rental‑assistance funds, often leads the landlord to withdraw the complaint to avoid prolonged litigation.

Each of these tactics hinges on timely filing and solid documentary support. The next section explains how to fast‑track an emergency rental‑aid application, which can reinforce several of the defenses listed above.

The quickest path to Emergency Rental Assistance begins with a solid proof package and an online claim at the federal HUD portal. Since the COVID-19 eviction moratorium ended in August 2021, eligibility now hinges on documented pandemic‑related income loss such as recent pay stubs, unemployment award letters, medical expense receipts, or a landlord's notice of arrears. Upload those files to the HUD Emergency Rental Assistance portal and watch the confirmation screen for a case number (no need to wait for snail‑mail).

Next, prioritize applications that include a landlord‑signed certification; many state programs - like the California COVID‑19 rental aid site - require that form before releasing funds. Submit before the announced deadline, retain a digital copy of every page, and follow up with a phone call if the status stalls. Because funding pools deplete quickly, acting within days maximizes the chance of a timely cash injection (the only thing faster than this advice is a landlord's eviction notice, and nobody wants that).

Four myths about COVID‑19 eviction protections crumble under the facts.

• Myth 1: The federal eviction moratorium blocks every eviction until it ends. In reality, the CDC order only pauses evictions for non‑payment when landlords receive a tenant's signed COVID‑19 hardship declaration; states added their own timelines, many ending earlier (e.g., California on 30 Sept 2023). CDC eviction moratorium guidance
• Myth 2: All renters automatically receive a 'no‑pay, no‑evict' shield. Eligibility requires documented loss of income or health impact; vague tenancy during the pandemic does not qualify. HUD's 2022 Rental Assistance Program outlines the proof needed. HUD rental assistance criteria
• Myth 3: Courts disregard eviction filings while the moratorium is active. Judges continue to hear cases, often dismissing them if landlords lack the tenant's hardship declaration; recent district court rulings confirm this practice. District court decisions on eviction moratoriums
• Myth 4: After a state moratorium lifts, landlords can evict immediately. Most states impose a notice period - typically 30 days - or other procedural safeguards before filing, mirroring the 'challenge your eviction' steps discussed later. State eviction moratorium tracker

Landlords can now pursue eviction for unpaid rent under their state's regular procedures because, as of 2025, every COVID‑19 eviction moratorium has ended (CDC eviction guidance). The first step is to serve the statutory notice required where the property is located - three, five, or ten days depending on state law - so check the local code before proceeding.

After the notice period lapses, file an unlawful‑detainer action, attach the lease, payment ledger, and any written communications, and attend the court hearing. Keep copies of every document; they become crucial if the tenant disputes the claim. Most HUD and state rental‑assistance programs have wrapped up, but some municipalities still offer limited help, so verify current options (HUD emergency rental assistance). Never change locks or shut off utilities, as self‑help evictions remain illegal and can expose you to liability. (Now that the legal path is clear, the next section shares actual tenant experiences with eviction threats.)

Real tenants who've weathered COVID-19 eviction threats reveal what actually works. Their stories show how federal and state rules - outlined earlier - can become practical shields.

• Maria, Chicago, July 2022: After job loss, she mailed a notarized COVID‑19 hardship declaration to her landlord, cited the CDC eviction moratorium guidance, and filed a complaint with the local housing court. The judge froze proceedings pending proof of aid.
• Jamal, Atlanta, August 2021: He combined a $3,500 grant from HUD emergency rental assistance with a written payment plan. The landlord withdrew the notice after seeing the documented schedule.
• Li, San Francisco, March 2022: Facing a 'no‑pay' notice, she filed a tenant‑organizer petition referencing the city's stricter moratorium, then negotiated a month‑to‑month lease that paused rent until July.
• Ana, Phoenix, September 2020: She appealed to the state's eviction‑freeze board, supplied medical records confirming COVID‑19 infection, and secured a temporary stay while she secured part‑time work.

These accounts underscore three habits: file hardship notices promptly, attach official aid proof, and leverage local moratoriums before the deadline. Acting early turns abstract protections into concrete relief.

Noise complaints fell outside the federal **COVID-19** eviction protection, so a landlord could lawfully start eviction proceedings for breaching a lease's quiet‑enjoyment clause. The moratorium only froze actions based on missed rent, not on behavioral violations, and courts have upheld evictions where tenants repeatedly disturbed neighbors during lockdown (see CDC eviction‑moratorium guidance).

State‑specific statutes sometimes require a notice period or mediation before an eviction for nuisance, giving tenants a narrow window to contest. Documenting the complaint's context, obtaining a written warning, and filing a defense under local landlord‑tenant law can delay or dismiss the case. As we covered above, leveraging the same proof‑of‑hardship arguments used for non‑payment may bolster a challenge, but the outcome hinges on the jurisdiction's rules.

The eviction surge begins now that the CDC's COVID‑19 eviction moratorium ended in August 2021, so landlords can pursue nonpayment cases under each state's rules.

State notice periods differ - California requires a three‑day notice before filing, while Texas allows a five‑day notice for rent owed. Tenants should first confirm the exact deadline in their jurisdiction; a quick check at the CDC eviction moratorium FAQ confirms the federal pause is gone, and the HUD rental assistance portal lists current aid programs. Next, compile payment records, bank statements, and any COVID‑related income loss documentation to counter future claims. If arrears exist, contact the landlord immediately to propose a written repayment schedule; courts often favor parties showing good‑faith effort. Finally, monitor local court calendars - many jurisdictions have set 'eviction‑track' days for COVID‑era cases, and missing a hearing can trigger an automatic judgment.

These steps turn a looming eviction into a manageable process, buying time for financial recovery while respecting the varied state statutes that now govern the post‑moratorium landscape.