You can be evicted during and after COVID. The federal eviction moratoriums enacted during the pandemic have all expired, nearly every state and local moratorium has lapsed, and landlords are once again using the standard eviction process. One narrow federal protection remains in some cases: landlords of properties with federally backed mortgages or federal housing subsidies must still give at least 30 days’ written notice before filing an eviction for nonpayment of rent, and even that rule is being challenged in 2026.
Why the Pandemic Moratoriums No Longer Protect You
The CARES Act created the first federal freeze. Under 15 U.S.C. § 9058, landlords of covered properties could not file nonpayment evictions or charge late fees for 120 days starting March 27, 2020. That window closed by the statute’s own terms in late July 2020.1Office of the Law Revision Counsel. 15 USC 9058 – Temporary Moratorium on Eviction Filings
The CDC then issued a broader nationwide moratorium in September 2020. Tenants who signed a declaration under penalty of perjury confirming income below $99,000 (or $198,000 jointly), that they had sought rental assistance, and that eviction would make them homeless were shielded from removal for nonpayment.2Federal Register. Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 In August 2021, the Supreme Court vacated the stay keeping that order alive in Alabama Association of Realtors v. Department of Health and Human Services, finding the CDC lacked the statutory authority to impose a nationwide ban.3Supreme Court of the United States. Alabama Association of Realtors v Department of Health and Human Services No federal replacement has been enacted. The CDC declaration form is no longer operative.
State and local moratoriums followed the same arc. Most were tied to state emergency declarations that ended in 2022 or 2023, and essentially all have expired. Tenants across the country now face standard eviction laws with no pandemic-era protections in place.
The 30-Day Notice Rule That Still Applies
One piece of the CARES Act survives: section 9058(c) requires landlords of covered properties to give tenants at least 30 days’ written notice before filing a nonpayment eviction. The notice provision has no sunset date in the statute.1Office of the Law Revision Counsel. 15 USC 9058 – Temporary Moratorium on Eviction Filings
Covered properties include rentals that participate in federal housing programs (such as Section 8 or USDA rural housing) and properties with mortgages backed by Fannie Mae or Freddie Mac.4Fannie Mae. What to Know When the Property You Live in Is Facing Foreclosure If you are not sure, the Federal Housing Finance Agency maintains online lookup tools for Fannie Mae and Freddie Mac properties.5Federal Housing Finance Agency. Information for Tenants in Rental Properties With a Fannie Mae or Freddie Mac Mortgage Those tools do not catch every federally backed property, so tenants in subsidized housing should ask the property manager directly.
The rule is in flux. In February 2026, HUD published an interim rule to revoke the 30-day notice requirement for properties under its jurisdiction, then delayed implementation after pushback and opened a public comment period. The USDA’s Rural Housing Service issued a final rule rescinding the notice for Section 514 and 515 properties, effective February 25, 2026. Until HUD acts, tenants in HUD-covered housing should assume the 30-day notice still stands.
What the Standard Eviction Process Looks Like
With the moratoriums gone, eviction follows the ordinary legal process. The details vary by state, but the pattern is consistent, and every step is a window to respond.
It starts with a written notice. Depending on the reason and local law, the landlord gives you a set number of days to either fix the problem or move out. For nonpayment, that period runs as short as three days in some jurisdictions. For lease expirations or no-cause terminations, it can be 30 days or more.
If you stay past the deadline without resolving the issue, the landlord files suit. You will receive a summons and a hearing date. Show up. Tenants who miss the hearing almost always lose by default, and a default judgment is hard to undo. At the hearing the judge looks at whether the landlord followed proper procedure, whether the reason for eviction is legally valid, and any defenses you raise.
If the landlord wins, the court enters a judgment for possession. The landlord then obtains a writ (sometimes called a warrant of restitution) directing the sheriff to carry out the lockout. The sheriff usually posts a final notice giving a short window to leave voluntarily.
Your Landlord Still Cannot Lock You Out Without Court
A landlord cannot legally remove you without going through the court process, regardless of what any moratorium said. Changing the locks, shutting off utilities, taking doors or windows off their hinges, or hauling your belongings to the curb are all forms of illegal self-help eviction in virtually every jurisdiction. That holds even if you owe months of rent, even if your lease has ended, and even if the landlord has already handed you a notice to vacate.
If a landlord tries any of this, call the police first; in many places illegal lockouts are treated as criminal conduct. You can also go to housing court and file an emergency motion (often called an order to show cause) to be restored to the unit. Many jurisdictions let tenants recover statutory damages from landlords who lock them out illegally, so you can win money without having to prove a specific financial loss.
Defenses You Can Still Raise
Retaliatory Eviction
Most states forbid evicting a tenant for exercising a legal right, such as reporting health or safety code violations, requesting repairs the law requires, or joining a tenant organization. When the eviction filing follows closely on the heels of one of those activities, many courts presume retaliation and shift the burden to the landlord to prove a legitimate independent reason. The presumption window varies by state, generally from six months to a year.
Right to Counsel
You may qualify for a free attorney. As of early 2025, roughly 26 jurisdictions, including five states, have passed right-to-counsel laws for income-eligible tenants in eviction cases. Eligibility rules vary. Contact your local legal aid organization or the court clerk’s office to find out whether a program exists where you live.
How Bankruptcy Can Pause an Eviction
Filing Chapter 7 or Chapter 13 bankruptcy triggers an automatic stay that halts most collection actions, including eviction. Under 11 U.S.C. § 362(a), the stay blocks a landlord from filing a new case or continuing one in progress, and the landlord has to ask the bankruptcy court to lift the stay before moving forward.6Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
There is a big exception. If the landlord already has a judgment for possession when you file the petition, the automatic stay does not stop the eviction.6Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay If your state lets tenants cure a default even after judgment, there is a narrow path: file a certification with the bankruptcy court saying so, deposit 30 days of rent with the court clerk, and pay off the full arrearage within that 30-day window. If the landlord disputes the certification, the court holds a hearing.
A second exception covers tenants accused of endangering the property or using illegal drugs on the premises. The landlord can proceed by filing a certification, and the tenant has 15 days to object and request a hearing. Bankruptcy buys time but is not a housing strategy, and a trustee can terminate a lease deemed unaffordable relative to income.
Rental Assistance After the Federal Program Ended
The federal Emergency Rental Assistance Program paid landlords directly during the pandemic, and a pending ERA application often served as good-faith evidence in eviction court. The ERA2 period of performance ended September 30, 2025, and grantees can no longer use those funds for rent, utilities, or housing stability services.7U.S. Department of the Treasury. Emergency Rental Assistance Program
Some state and local programs still operate on their own funding. Call 211 or your local housing authority to find out what help is available in your area.
What an Eviction Can Cost You Later
An eviction follows you after you leave. Court filings, whether you won or lost, can show up on tenant screening reports for up to seven years under the federal Fair Credit Reporting Act. A debt to a former landlord that was discharged in bankruptcy can stay on your screening history for up to ten years.8Consumer Financial Protection Bureau. How Long Can Information Like Eviction Actions and Lawsuits Stay on My Tenant Screening Record
The eviction itself does not land on a traditional credit report, but if the landlord sends the unpaid balance to collections, that account will appear and can stay for seven years. Future landlords check both credit reports and specialized screening databases.
If a landlord or an assistance program forgave part of your rent debt, the IRS generally treats canceled debt as taxable income, so you would report the forgiven amount for the year it was canceled.9Internal Revenue Service. Topic No 431 Canceled Debt – Is It Taxable or Not Exceptions exist, including insolvency, and IRS Publication 4681 lists them in full.