Legal FAQs for Renters in
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Do I have housing protections because of COVID-19?
Do I have housing protections because of COVID-19?
- Are there any special protection for renters in Alabama during the emergency?
Alabama's statewide eviction protections expired on June 1, 2020.
Alabama Governor Kay Ivey suspended evictions for non-payment of rent through June 1. The eviction suspension went into effect on April 3, 2020 and ended on June 1, 2020, according to the Governor's latest proclamation.
Evictions have now resumed.
Please check with the governor's office for more updates.
Alabama renters may also have national protections against eviction through the CDC Eviction Moratorium. Check here to see if you are eligible.
- What did the protections mean for Alabama renters?
The protection meant that through June 1st in Alabama:
- Your landlord could still give you a notice to quit.
- Your landlord could still file an eviction claim against you.
- Hearings on eviction depend on local regulations, and the court could still hear an eviction case against you.
- The court could still issue a new order, judgment, or writ of eviction against you.
- Law enforcement could not enforce an existing eviction order against you, to remove you from your home, if the order is based on non-payment of rent.
After June 1, evictions have resumed against Alabama renters. They still may have national protections that protect them through December 31, 2020.
- Do I still have to pay rent during the emergency in Alabama?
Yes, your rent is still due.
In Alabama, you cannot be evicted for nonpayment of rent during the emergency, but you may be evicted as soon as the special protections ended on June 1st.
If you cannot pay rent, take steps to protect yourself:
- Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction. Get help here for drafting and mailing a letter to your landlord. Also check here for another letter-writing tool.
- Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make, that are signed and dated. If you make a payment plan or rent agreement, make sure to get it in writing.
- Keep proof of COVID-19’s impact on you: Collect documents about your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc.
- Check for help: If you need financial assistance for housing costs, you may be able to get help.
- Can my utilities be shut off during the emergency in Alabama?
Alabama renters must still pay their utility bills.
Some companies have said they will not shut off utilities during the emergency to customers in Birmingham, Decatur, Mobile, and Piedmont.
If you need financial assistance for utility costs, you may be able to get help.
Landlords are never allowed to shut off a renter's utilities in an attempt to force the renter out. This is illegal. Reach out to a lawyer for help if this happens to you.
- What if I need repairs?
Tell your landlord about any repairs needed, particularly if they affect your health and safety.
The emergency may delay your landlord's ability to make repairs, but if they are urgent you should call your landlord to make the repairs as soon as possible.
Emergency repairs could be for problems with:
- Running water or hot water
- Heat or air conditioning
- Stove, oven, or refrigerator
- Bathroom use
- Missing doors, locks, or windows
If your landlord doesn't make the repairs promptly, send them a written letter or email about the need for emergency repairs and keep a copy of this communication.
Find legal help to get advice for your situation.
- Are you eligible for eviction protections under the CDC Eviction Moratorium?
What is the CDC Eviction Moratorium?
The CDC Eviction Moratorium orders that renters should be protected from eviction if they are unable to pay their rent due to hardships like job loss, income loss, or medical expenses. This protection lasts from September 4, 2020 through January 31, 2021.
The CDC Eviction Moratorium is not automatic protection against eviction. Renters need to fill in a Declaration document and give it to their landlord to get the protection.
Landlords may still try to file an eviction lawsuit against renters, but renters can use the moratorium to defend themselves in court.
Do you qualify for protection under the CDC Eviction Moratorium?
The CDC Eviction Moratorium applies to people who:
- Rent a home in the United States; AND
- Make less than $99,000 (or $198,000 if you file a joint tax return); AND
- Are facing eviction based on nonpayment of rent (not for other problems, like lease violations or criminal activity); AND
- Can show they’re unable to pay rent because they’ve had a financial hardship, like losing a job, decrease in income, or medical bills; AND
- Can show that they’ve been trying their hardest to pay their rent and find any rental assistance; AND
- Can show that they’re at risk of homelessness if they were to be evicted.
If you live in a state, county, or city that has an eviction moratorium, the CDC Eviction Moratorium doesn’t replace this local one. It adds on top of your local protections.
What does the CDC Eviction Moratorium get you?
The CDC Eviction moratorium can stop an eviction proceeding against you. It could stop your landlord from removing you from your home, or from a court giving your landlord an eviction order through Jan. 31, 2021.
- If your landlord has already started an eviction lawsuit against you, you can use the CDC Eviction Moratorium as a defense in court.
- You can use the Declaration form to tell your landlord that you are protected from eviction, and to ask the court to stop the eviction.
- You must follow the process below to be protected by the CDC Eviction Moratorium.
The CDC Eviction Moratorium does NOT get you rent relief:
- Even if you fill in the Declaration, this does not cancel rent that you owe, or stop rent or late fees from building up.
- After the CDC Moratorium expires on Jan. 31, 2021, you may be evicted for the rent that you owe.
The CDC Eviction Moratorium may NOT stop a landlord from suing you:
- Even after you fill in the Declaration and send it to your landlord, they might still file an eviction lawsuit against you.
- You can bring the Declaration to the court eviction hearing, to ask the court to stop the eviction.
- Call a local lawyer for help if your landlord sues you for eviction.
How do you use the CDC Eviction Moratorium to protect yourself?
To secure CDC Eviction Moratorium protection, follow these steps:
- Apply for rental assistance. Look for any rental and utility assistance in your area, and submit applications to these programs. Find local assistance programs here.
- Fill out Declarations. You and every adult in the household need to fill out a Declaration about your financial hardships and your attempts to get assistance. In the Declaration, you must say that you are telling the truth and that you may face legal consequences if you are lying. You can use this guide for help with the Declaration.
- Send the Declarations to your landlord, and also tell the landlord that you will do your best to pay when you can. Keep a copy of the Declarations, as well as any receipt or documentation that you have sent it to your landlord (like email receipt or screenshots of the message). These can be useful evidence that you followed the process correctly.
- Protections through Jan. 31st. After you send this, your landlord cannot remove you from your home for nonpayment of rent through January 31, 2021. They are also never allowed to harass or intimidate you, or force you to leave the home without a court order.
- If your landlord has filed an eviction lawsuit against you, you can bring your Declarations to the court to ask them to stop the lawsuit. Contact a legal aid lawyer to help you with the lawsuit. Please note: Your landlord can still evict you for reasons other than nonpayment of rent, like for engaging in criminal activity in the home, violating building codes or health ordinances, or threatening the health and safety of other residents.
- You will continue to owe your rent. Try to make a plan about how you will take care of all the rent you owe. At the end of the Eviction Moratorium protections on Jan. 31, 2021, you will no longer be protected from being evicted.
- Make sure you know your lease and its terms. Some landlords may try to evict you based on violations of the terms in your lease. If you know your lease, you can protect yourself by making sure you do not break any of its terms.
If your landlord is trying to evict you, you should contact a legal aid attorney who helps with evictions. The CDC Eviction Moratorium might give you protections that lawyers can help you with.
Did I have eviction protections under the CARES Act?
Can I break my lease?
What do I do if my landlord tries to evict me?
Are eviction cases still proceeding through Alabama courts?
Its information is taken from these sources:Ala. Governor eviction orderAlabama courtsPrinceton Eviction Lab's COVID Policy ScorecardsColumbia Law School COVID-19 Eviction Moratoria analysisEnergy and Policy Institute Utility Disconnect TrackerAla. Governor extension of eviction orderAla. Governor 5/21 amendment to eviction order