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

On May 21 Governor Ivey ordered that previously issued protections against evictions and foreclosures would expire on June 1, 2020.  The orders have not been renewed. 

Alaska

On April 10 the state legislature suspended any statutory causes of action that could be used to foreclose on a property or evict a residential tenant for nonpayment of rent.  The moratorium expired on June 30.  

Arizona

On July 16 Governor Ducey extended moratorium on enforcement of eviction action orders for residential premises when a tenant is required to be quarantined, have a health condition making them more at risk for COVID-19, or suffer a substantial loss of income resulting from COVID-19.  The order expires on October 31.

Arkansas

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 an order authorizing local governments to halt evictions for renters impacted by the COVID-19 pandemic. On June 30 the Governor extended such authorization through September 30. 

On April 4 the Judicial Council of California adopted emergency rules suspending unlawful detainer and judicial foreclosure actions, until 90 days after the state of emergency is lifted, or until amended or repealed by the Judicial Council.

Local authorities have also suspended evictions and foreclosures:

  • Chula Vista – On March 17 the Chula Vista City Council suspended (1) all evictions for nonpayment of rent if the tenant demonstrates inability to pay rent is due to financial impacts related to COVID-19 and (2) no-fault evictions unless necessary for the health and safety of tenants, neighbors or the landlord. Additionally, judicial foreclosure and unlawful detainer causes of action were suspended to the extent eviction is based on substantial income decreases caused by the COVID-19 pandemic or government responses to the pandemic.  The moratorium has been extended to August 31.
  • Fremont – On March 18 the City Manager suspended (1) all residential evictions for nonpayment of rent if the tenant demonstrates inability to pay rent is due to financial impacts related to COVID-19 and (2) no-fault residential evictions unless necessary for the health and safety of tenants, neighbors or the landlord. The order is effective until 30 days after expiration of the local emergency. 
  • Los Angeles County – On March 15 Mayor Garcetti issued an order prohibiting residential evictions during the local emergency period if the tenant demonstrates inability to pay rent due to circumstances related to the COVID-19 pandemic, through the local emergency period.  
  • Oakland – On April 15 the Oakland City Council suspended (1) filing of residential unlawful detainers during the local state of emergency, except when tenant poses an imminent threat to the health and safety of other occupants and (2) residential, small business or nonprofit evictions for nonpayment of rent due to financial impacts related to COVID-19. The moratorium was extended to the earlier of August 31 or the end of the local state of emergency.  
  • Riverside – On March 31 the Riverside City Council suspended residential and commercial evictions for nonpayment of rent due to financial impacts related to COVID-19. The moratorium is effective until the local emergency is repealed.
  • San Diego – On March 25 the San Diego City Council suspended residential and commercial evictions for nonpayment of rent due to financial impacts related to COVID-19. The moratorium was extended through September 20, 2020.   
  • San Francisco – On March 23 Mayor Breed issued an order prohibiting residential evictions for nonpayment of rent due to financial impacts related to COVID-19. The moratorium was extended until January 31, 2021.

Colorado

On June 13 Governor Polis issued an executive order requiring landlords to provide tenants additional notice of default for non-payment of rent before initiating an eviction.  On August 10 the order was extended through September 9.

Connecticut

On June 29 Governor Lamont issued an executive order prohibiting landlords from issuing a notice to quit or beginning eviction proceedings before August 22 and ordering grace periods for payment of rent.   On July 20, the Connecticut Superior Court ordered an immediate stay of the service of all issued executions on evictions and ejectments through September 1. 

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. 

Florida

On April 2 Governor Desantis suspended and tolled all state statutes providing for a mortgage foreclosure or eviction cause of action for 45 days.  On July 29 Desantis extended the moratorium through September 1.

Georgia

On March 16, Atlanta issued a moratorium on residential evictions and filings by public housing authorities.  The moratorium was extended through 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 August 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 October 31st. 

Ohio

No executive orders as of October 31st.

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 October 31st.
  • 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

  • On September 28, Governor Kate Brown issued an executive order imposing an eviction moratorium through December 31.

  • On June 26, the Oregon Legislature has extended the statewide eviction moratorium to September 30, 2020.  All renters in Oregon now have until March 31, 2021, to pay back rent that built up during the moratorium.  Landlords cannot charge late fees or other charges based on nonpayment of rent between April 1-September 30, 2020.

  • On June 26, the Oregon legislature also passed a bill directing lenders to defer both residential and commercial mortgage payments during the pandemic emergency period until September 30, 2020 if a borrower is unable to pay due to the COVID-19 pandemic. Deferred payments would be due at the end of the loan, unless the borrower and lenders determine alternate, agreeable terms. 

Pennsylvania

No state executive orders regarding foreclosures or evictions as of October 31st.

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 October 31st.
  • 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 October 31st.

Tennessee

  • No state executive orders regarding foreclosures or evictions as of October 31st.
  • 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 October 31st.
  • On August 21, 2020, the Texas Supreme Court extended its order allowing evictions to resume.  For eviction proceedings filed from March 27, 2020, through September 30, 2020, a sworn petition containing a description of the facts and grounds for eviction required by Texas Rule of Civil Procedure 510.3(a)(2) must state that the premises are not subject to the moratorium on evictions imposed by Section 4024 of the CARES Act.

  • On September 25, the Texas Supreme Court entered an order establishing eviction procedures through December 18, 2020.  

  • 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.

    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 October 31st.

Vermont

No state executive orders regarding foreclosures or evictions as of October 31st.

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 October 31st.

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.

Washington

Governor Jay Inslee ordered statewide ban on residential evictions until December 31, 2020.  Also, landlords cannot assess late fees or other charges for non-payment of rent.

 

West Virginia

No state executive orders regarding foreclosures or evictions as of October 31st.

Wisconsin

No state executive orders regarding foreclosures or evictions as of October 31st.

Wyoming

No state executive orders regarding foreclosures or evictions as of October 31st.

Washington, D.C.

On March 17, the District Council issued an order amending D.C. Official Code § 16-1502 to prohibit residential evictions during a local public health emergency.

Puerto Rico

No executive orders suspending foreclosures or evictions as of May 5th, but on March 19 the United States District Court for the District of Puerto stayed all "eviction proceedings in foreclosure cases" until May 30, 2020. On May 22 this and other orders due to expire were extended through August 29, 2020.  

Guam

On March 28 Governor Guerrero suspended initiation of eviction and foreclosure proceedings during the public health emergency and tolled pending eviction and foreclosure proceedings for the duration of the public health emergency period.