Legal FAQs for Renters in

This page has local legal information on residential (not commercial) renters’ issues. It is not legal advice, and you should check with your local legal aid and courts for current information.

This page was last updated on April 18, 2021. It was reviewed by our volunteer attorney experts.

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Do I have housing protections because of COVID-19?

COVID-19 Legal FAQs for Renters in North Carolina

Do I have housing protections because of COVID-19?

Are there any special protections for North Carolina renters during the emergency?

You may be protected from eviction through June 30 under the national CDC Eviction Moratorium. Read more below to see if you’re protected.

North Carolina's statewide emergency protections for renters have expired, though some renters may be protected through the national CDC moratorium.

Earlier, Governor Roy Cooper had issued a moratorium to temporarily stop evictions and utility shutoff, that expired on June 21, 2020. The eviction moratorium began on May 30, 2020 and is now expired. It temporarily stopped landlords from charging late fees, interest, or penalties for nonpayment of rent. The governor's order does grant tenants 6 months from the order's expiration on June 21 to pay back rent accrued while the order was in effect.

The utility shutoff moratorium lasted between May 30, 2020 and July 29, 2020.

You may also be eligible for national protections, check here below to see if you are.

What do the protections mean for North Carolina renters?

If you do not qualify for national protections, then in North Carolina:

  • Your landlord can still give you a notice to quit.
  • Your landlord can file an eviction lawsuit against you.
  • The court may allow the eviction trial to move forward.
  • The court can still issue a new order, judgment, or writ of eviction against you.
  • Law enforcement can enforce an existing eviction order against you, to remove you from your home.
  • You may still be protected against eviction in North Carolina with the national CDC Eviction Moratorium through June 30, 2021. Read more below to see if you are protected.

    Do I still have to pay rent during the emergency in North Carolina?

    Yes, North Carolina renters still need to pay rent during the emergency.

    The governor's eviction moratorium did give renters some additional rent protections. Between May 30 and June 21, landlords could not charge interest, late fees, or penalties for rent you haven't paid.

    The moratorium also gives renters at least 6 months after June 21 to repay back rent that became due during May 30 and June 21. No late fees, interest, or penalties can be charged on this back rent.

    Also check with your local city or county government to see if they give renters any additional protections if they are struggling to pay rent during the emergency.

    If you cannot pay rent, take steps to protect yourself:

    • See if you qualify for the national CDC Eviction Moratorium. If you do qualify, fill in the Declaration form and give it to your landlord. This can help stop the eviction, or give you a defense against it.
    • Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. Explain why you cannot pay the rent because of COVID-19 impact. 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.
    • 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. 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 landlord evict me during the emergency in North Carolina?

    North Carolina renters could not be evicted for nonpayment or late payment of rent during the moratorium period of May 30, 2020 to June 21, 2020.

    During this moratorium period, landlords could not initiate evictions against a renter if they had not paid their rent. Landlords could not try to remove renters from their home based on late payments or nonpayment of rent. Landlords could still move forward with evictions for health and safety issues.

    You may be covered by national protections, or by your local county and city. Read below to see if you are eligible for U.S. national protections.

    Also check with your local government to see if they provide any additional local protections.

    If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.

    Can my utilities be shut off during the emergency?

    North Carolina utility companies cannot shut off their services during the emergency, and they can't charge late fees or interest for unpaid bills.

    The governor's utility shutoff moratorium prohibits utility companies from disconnecting services to customers through at least August 1, 2020.

    Utility companies cannot charge late fees, penalties, or other charges for unpaid utility bills during this period.

    Utility companies must also give customers at least 6 months to repay unpaid bills.

    Renters still must pay their utility bills. 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.

    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 June 30, 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 June 30, 2021.

    This means:

    • 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 June 30, 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:

    1. 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.
    2. 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.
    3. 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.
    4. Protections through June 30st. After you send this, your landlord cannot remove you from your home for nonpayment of rent through June 30, 2021. They are also never allowed to harass or intimidate you, or force you to leave the home without a court order.
    5. 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.
    6. 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 June 30, 2021, you will no longer be protected from being evicted.
    7. 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?

    What if I need repairs?

    Can I break my lease?

    What do I do if my landlord tries to evict me?

    Are eviction cases still proceeding through North Carolina courts?

    Its information is taken from these sources:Princeton Eviction Lab's COVID Policy ScorecardsColumbia Law School COVID-19 Eviction Moratoria analysisEnergy and Policy Institute Utility Disconnect TrackerNorth Carolina Supreme Court orderNorth Carolina court updatesPisgah Legal Services FAQNorth Carolina governor moratorium order

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