Foreclosure and Eviction Suspensions and Related Emergency Orders
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This information is intended to inform firm clients and friends about legal developments, including recent decisions of various courts and administrative bodies, in a rapidly changing, uncertain environment. This information may not constitute the most complete or up-to-date legal or other information and not all sources can be validated. Nothing in this Interactive Map should be construed as legal advice or a legal opinion, and readers should not act upon the information contained in this Interactive Map without seeking the advice of legal counsel.
Alabama
There is no state moratorium in place. Governor Ivey's May 21 proclamation expired on June 1, 2020 and has not been renewed.
Alaska
There is no state moratorium in place. The state legislature's April 10 suspension of statutory foreclosure and eviction causes of action expired on June 30, 2020 and has not been renewed.
Arizona
There is no state moratorium in place. On July 16 Governor Ducey a moratorium on enforcement of certain evictions, but the order expired on October 31.
Arkansas
There is no state moratorium in effect. On April 28 the Supreme Court of Arkansas ordered that all new eviction complaints for nonpayment of rent or other fees are required to affirmatively plead the subject property is not a covered dwelling under the CARES Act. The Order expired on July 25.
California
On March 16 Governor Newsom issued Executive Order N-28-20 authorizing local governments to halt evictions for renters impacted by the COVID-19 pandemic. On September 23, the order was extended until March 31, 2021 for commercial evictions only.
Colorado
On October 15, Governor Polis issued an executive order limiting certain evictions for nonpayment of rent due to COVID-19 related financial hardship. On October 21, the order was amended and extended through November 20. On November 19, the order was extended until December 19, 2020.
Connecticut
On April 10, Governor Lamont issued Executive Order No. 7X imposing a moratorium on certain evictions. The order was extended and revised by EO No. 7DDD and EO No. 7OOO. On October 20, Governor Lamont issued EO No. 9H which modifies and extends the eviction moratorium until January 1, 2021.
Delaware
On March 24, Governor Carney issued an emergency order suspending all residential mortgage foreclosures and residential evictions. The suspension will remain in place until Delaware's state of emergency is terminated. On April 30 the moratorium was extended until the state of emergency is terminated. On November 20 Governor Carney lifted the moratorium only with respect to foreclosure actions commenced prior to the declaration of the state of emergency.
Florida
There is no state moratorium in effect. On August 31, Governor Desantis extended mortgage foreclosure and eviction relief until October 1, but no further extensions have been ordered.
Georgia
There is no state moratorium in effect. The City of Atlanta had issued a moratorium on residential evictions and filings by public housing authorities on March 16, but it expired on August 31.
Hawaii
On April 16 Governor David Ige issued a moratorium on residential evictions for nonpayment of rent, lease or other related charge, in effect through the disaster emergency relief period, subsequently extended through December 31.
Idaho
On May 4 the Supreme Court of Idaho ordered that for any eviction action initiated through July 25, the petitioner must file a Statement of Landlord Regarding CARES Act Eviction Moratorium with the complaint. The attached form requires petitioner to identify whether the property is a federally protected.
Illinois
On March 20, Governor Pritzker issued an emergency order instructing law enforcement officers to cease enforcement of orders of eviction for residential premises. The supension of evictions was extended to August 22.
On May 22, the Supreme Court of Illinois issued an eviction moratorium effective until August 24.
Indiana
On March 19, Governor Holcomb suspended all foreclosure and eviction proceedings until the designated state of emergency has ended. The state of of emergency has been renewed until August 14.
Iowa
On March 20, Governor Reynolds suspended all evictions other than actions for forcible entry and detainer by force, intimidation, fraud, or stealth until the end of the public health emergency. This suspension expired May 27.
On April 2, the Iowa Supreme Court issued an order continuing all forcible entry and detainer proceedings to June 15. On May 22, the Iowa Supreme Court ordered forcible entry and detainer proceedings for nonpayment of rent may resume on July 13, but plaintiffs bringing actions after the date of this order must submit a CARES Act verification in a form approved by the court.
Kansas
On March 23, Governor Kelly issued an order preventing all financial institutions operating in Kansas from foreclosing on a residential property or evicting a residential tenant when all defaults or violations of the mortgage or rental agreement are substantially caused by a financial hardship resulting from the COVID-19 pandemic. This order has expired on May 31.
Kentucky
On March 25 Governor Beshear suspended all enforcement of residential evictions during for the duration of the state of emergency. As of July 27, The Supreme Court of Kentucky is permitting all actions for eviction may proceed except hos subject to the CARES Act.
Louisiana
On April 2, Governor Edwards issued an executive order temporarily suspending all court deadlines to June 5. On April 6, the Louisiana Supreme Court issued a court order acknowledging the executive order and limiting in-person court proceedings to emergency matters. These orders do not explicitly address foreclosure or eviction proceedings and the executive order has not been renewed.
Maine
On April 16, Governor Mills issued an executive order suspending evictions of tenants other than those who engage in unlawful conduct. This order will remain in effect until September 8, 30 days after termination of the state of emergency which has been extended through August 9. On July 2, the Maine Judicial Branch issued a phased management plan stating foreclosure/eviction actions will not be heard until after July 31.
Maryland
On April 3, Governor Hogan issued an emergency order suspending residential foreclosures as well as residential and commercial evictions until the expiration of the state of emergency. On July 1, Governor Hogan issued a renewal of his declaration of state emergency without specifying an expiration date.
On May 22, the Maryland Court of Appeals issued an administrative order lifting the stay on pending residential foreclosures and evictions proceedings on July 25.
Massachusetts
On April 20, Governor Baker signed House Bill No. 4647 providing a moratorium on evictions of residential and small business tenants and foreclosures of residential properties related to the COVID-19 pandemic expiring on August 18.
Michigan
On March 20, Governor Whitmer issued an executive order temporarily suspending evictions until April 17. The suspension was extended through August 11.
Minnesota
On March 23, Governor Walz issued a moratorium on residential evictions and requested a moratorium from financial institutions for foreclosures. The order has been extended through August 12.
Mississippi
On April 1, Governor Tate issued an order suspending evictions. This order has been extended through August 17.
Missouri
No state executive orders regarding foreclosures or evictions as of August 3.
Montana
On March 30, Governor Bullock suspended all foreclosure and eviction proceedings until April 10, 2020. The suspension has expired on May 24, except for "individuals who are members of a vulnerable population suffering a significant financial hardship." These individuals must make a basic showing as to their financial situation for the suspension to apply until the earlier of 30 days after the individual ceasses to shelter at home or at the end of the emergency.
Nebraska
On March 25, Governor Ricketts issued an order temporarily suspending residential evictions. This order expired on May 31.
Nevada
On March 29, Governor Sisolak issued an emergency order suspending eviction and foreclosure actions involving residential or commercial real estate. The suspension will be phased out beginning July 31 to August 31.
New Hampshire
On March 17, Governor Sununu suspended all foreclosures and evictions for the duration of New Hampshire's state of emergency. The suspension has been terminated on July 1.
New Jersey
On March 19, Governor Murphy issued an emergency order staying the enforcement of all judgments related to foreclosure or eviction. The order also prohibits removal of any resident in connection with a foreclosure or eviction. The order does permit initiating or continuing foreclosure and eviction proceedings but that enforcement of all judgments for possession, warrants of removal, and writs of possession shall be stayed while the order is in effect. This order will remain in effect for no longer than two months following the end of the public health emergency or state of emergency (declaration of public health emergency extended on July 20.
New Mexico
On March 24, the New Mexico Supreme Court has ordered a temporary moratorium on evictions for inability to pay rent caused by the pandemic. The court did not provide an expiration date for this moratorium, but its website shows the moratorium is is still in effect on August 3.
New York
On March 20 Governor Cuomo suspended enforcement of any residential or commercial tenant evictions and foreclosures of any residential or commercial property for 90 days. This order has been extended through July 26. On May 7, Governor Cuomo suspending evictions through August 20.
North Carolina
On May 30, Governor Cooper issued a moratorium on residential and commercial evictions. This moratorium expired on June 20.
North Dakota
No state executive orders regarding foreclosures or evictions as of March 3rd.
The North Dakota Supreme Court began allowing evictions on April 23, 2020.
Ohio
No executive orders as of March 3rd.
In Cuyahoga County (Cleveland), evictions resumed June 15.
In Franklin County (Columbus), Sheriff's sales and issuance of writs of possession resumed May 30.
In Hamilton County (Cincinnati), evictions resumed on June 8.
Oklahoma
- No state executive orders regarding foreclosures or evictions as of March 3rd.
- Evictions may proceed, but, by order of the Supreme Court of Oklahoma, anyone filing an eviction must certify that the property is not covered under the CARES Act.
- No eviction/foreclosure motatoriums for Oklahoma County (located within Oklahoma City).
- No eviction/foreclosure motatoriums for Tulsa County.
Oregon
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No state executive orders regarding foreclosures or evictions as of March 3rd.
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The Oregon Legislature has extended the statewide eviction moratorium to June 30.
Pennsylvania
No state executive orders regarding foreclosures or evictions as of March 3rd.
No foreclosure/eviction moratoriums for Allegheny County (Pittsburgh).
No foreclosure/eviction moratoriums for Philadelphia.
Rhode Island
By order of supreme court, evictions can resume after June 1, 2020.
South Carolina
- No state executive orders regarding foreclosures or evictions as of March 3rd.
- Foreclosure and eviction actions shall resume May 15. See Supreme Court Order RE: Statewide Evictions and Foreclosures for details. Any party pursuing an eviction or foreclosure in the trial court must submit a signed, original Certification of Compliance with the CARES Act. For evictions and foreclosures filed on or after May 6, 2020, the Certification of Compliance must be submitted along with the initial filing. For evictions and foreclosures filed before May 6, 2020, the Certification of Compliance must be filed with the court prior to proceeding with the eviction or foreclosure. If a party required to file a Certification of Compliance neglects to do so the eviction or foreclosure shall terminate without further action taken. See order. The form for evictions (SCCA256B), and the form for foreclosures (SCCA256A) are approved for use in the trial courts.
South Dakota
No state executive orders regarding foreclosures or evictions as of March 3rd.
Tennessee
- No state executive orders regarding foreclosures or evictions as of March 3rd.
- The Tennessee Supreme Court ordered that evictions may resume June 1, 2020.
- No foreclosure/eviction moratoriums for Davidson County (Nashville).
Texas
- No state executive orders regarding foreclosures or evictions as of March 3rd.
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Under Dallas Ordinance 31521, before a landlord sends a notice to vacate to any residential tenant that fails to pay rent, the landlord must first send the tenant a COVID Notice of Possible Eviction notifying the tenant of tenant's unpaid rent, requesting the tenant to respond within 21 days to provide documentation or verifiable information that the tenant is unable to pay rent due to a negative COVID-19 financial impact, and providing the tenant with some repayment options to avoid eviction. Tenants who provide documentary proof of their negative COVID-19 financial impact within the response period will then have 60 days from the date of the Notice to work with their landlord to enter a payment plan, apply for rental assistance, or make other plans to cure the delinquent rent. During the workout period, a landlord is prohibited from sending a tenant a notice to vacate to evict the tenant.
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Additionally, a tenant may send a notice by email, text, letter, or other form of written communication of their negative COVID-19 financial hardship. If a tenant sends a COVID Hardship Notice before their landlord sends a COVID Notice of Possible Eviction, the tenant will also get 21 days to provide documentary proof, and if they do so within the 21 days, the tenant will have 60 days from the date of the COVID Hardship Notice to work out a rent payment plan, apply for rental assistance, or make other plans to cure the delinquent rent.
The Ordinance expires on the later of the Governor's termination of the State of Disaster due to COVID-19 or the City of Dallas Mayor's termination of the State of Local Disaster due to COVID-19.
Utah
No state executive orders regarding foreclosures or evictions as of March 3rd.
Vermont
No state executive orders regarding foreclosures or evictions as of March 3rd.
The Vermont legislature passed a bill imposing a moratorium on all evictions and foreclosures until the end of the state's declared emergency.
Virginia
No state executive orders regarding foreclosures or evictions as of March 3rd.
The Virginia legislature passed HB 340, which provides protections to tenants, landlords of tenants, or homeowners who are furloughed or impacted by a closure of the United States government. A tenant who is impacted by a shutdown of the federal government and is facing an unlawful detainer, can provide written proof that he is furloughed or otherwise is not receiving wages due to the government shutdown, and receive a 60-day continuance. A homeowner who is furloughed or impacted by a government shutdown, has defaulted on a note and is subject to a foreclosure proceeding, will receive a 30-day stay on the proceeding after providing proof that he was furloughed or not receiving pay. A homeowner who rents to a tenant who was furloughed or did not receive pay qualifies for the same 30-day stay as a homeowner who was himself furloughed.
The Governor amended the bill in to extend similar protections to individuals impacted by the COVID-19 pandemic, unless the individual is protected under another federal, state, or local law or regulation enacted in response to the COVID-19 pandemic or the declared State of Emergency related to COVID-19. The protections provided under the COVID-19 expansion expire 90 days after the end of the state of emergency declared by the Governor in response to COVID-19.
West Virginia
No state executive orders regarding foreclosures or evictions as of March 3rd.
Wisconsin
No state executive orders regarding foreclosures or evictions as of March 3rd.
Wyoming
No state executive orders regarding foreclosures or evictions as of March 3rd.
Washington, D.C.
On March 17, the District Council issued an order amending D.C. Official Code § 16-1502 to prohibit residential evictions until 60 days after the local public health emergency expires. On October 7, Mayor Bowser extended the emergency through December 31, which means the moratorium is currently set to expire on March 1, 2021.