The CDC Order and the 30-Day Notice

Mitch GardnerNo CommentsEviction, Mitch Gardner

On September 4, 2020, the Center for Disease Control and Prevention (CDC) issued an Order that temporarily halts residential evictions of covered persons for nonpayment of rent through December 31, 2020. This means that a landlord, owner of a residential property, or other person with a legal right to pursue an eviction or a possessory action cannot evict for nonpayment of rent.

What does that mean for service of a 30-Day Notice to Vacate?

Prior to the CDC Order, the CARES Act included a moratorium on evictions for properties that were covered by federal funding or a federal mortgage. See CARES Act § 4024. The CARES Act also provided somewhat unclear notice requirements for vacating a covered property. However, the CDC Order does not contain any notice requirements or restrictions. The Order only applies to tenants not paying their rent.

Thus, under the CDC Order, tenants may still be evicted for reasons other than the non-payment of rent, including:

  1. Engaging in criminal activity while on the premises;
  2. Threatening the health or safety of other residents;
  3. Damaging or posing an immediate and significant risk of damage to property;
  4. Violating any applicable building code, health ordinance, or similar regulation relating to health and safety; or
  5. Violating any other contractual obligation of a tenant’s lease, other than the timely payment of rent or similar housing-related payment (including nonpayment or late payment of any fees, penalties, or interest).

Landlords who lease property to tenants on a month-to-month basis or any other arrangement, not otherwise a fixed term, may terminate that landlord-tenant relationship using a 30-Day Notice. See Idaho Code § 55-208. Whether the tenants have fully complied with the provisions of their lease or can be deemed as outstanding tenants, it is irrelevant to a landlord’s right to regain possession of their home or rental property. If a property owner wants to regain possession of their home, these landlords are entitled to use lawful means to accomplish that possession.

Therefore, when a tenant fails to vacate your property pursuant to a 30-Day Notice, it is a violation of a contractual obligation of the lease, which the CDC Order will not protect.

Please contact an attorney at Brian Webb Legal today to discuss the CDC Order and the use of a 30-Day Notice by calling (208) 331-9393.