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- An eviction moratorium is a temporary legal limit on certain evictions
- Federal eviction moratoria have been limited and time bound
- The CARES Act eviction moratorium applied only to certain properties
- The CDC used federal public health authority but the Supreme Court ended the order
- State and local eviction moratoria can look very different from each other
- An eviction moratorium can pause different parts of an eviction case
- Many moratoria do not erase rent and are limited to certain eviction reasons
- Confusion often comes from coverage rules and overlapping laws
- Courts usually decide how a moratorium affects an individual eviction case
- Challenges and enforcement issues can arise for both renters and landlords
- Sources
Key Facts
- Federal and state: Evictions are generally governed by state law, and an eviction moratorium is usually created by a state or local government rather than the federal government.
- Federal level: Congress created a temporary eviction moratorium for certain “covered dwellings” in Section 4024 of the CARES Act.
- Federal level: The CDC issued COVID-19 eviction orders under federal public health authority in 2020 and 2021, including an August 2021 order that applied in areas with substantial or high community transmission.
- Federal level: The U.S. Supreme Court ended the CDC’s moratorium in Alabama Association of Realtors v. Department of Health and Human Services (2021).
- State level: State and local eviction moratoria vary widely on who is covered, what part of the eviction process is paused, and which eviction reasons are still allowed.
- Federal and state: Many moratoria focus on evictions for nonpayment of rent rather than every possible lease violation.
- Federal and state: A moratorium may delay removals from a home, but it may not erase unpaid rent or other lease obligations.
- State level: Eviction procedure is a court process in most places, and court timelines, notices, and hearing rules can change how a moratorium operates.
As of February 2026: Eviction moratorium rules can change quickly and may depend on new state or local laws, emergency orders, and court decisions.
An eviction moratorium is a temporary legal limit on certain evictions
An eviction moratorium is a temporary rule that limits a landlord’s ability to remove a tenant through an eviction case, often for a specific reason such as nonpayment of rent and often for a defined time period.
Because landlord-tenant law is largely state law, an eviction moratorium is commonly created and enforced through state statutes, state emergency orders, local ordinances (where allowed by state law), and state court procedures.
Federal eviction moratoria have been limited and time bound
Federal eviction moratoria during the COVID-19 pandemic are the best-known examples, and they show why it is important to separate “federal” rules from “state” rules.
The CARES Act eviction moratorium applied only to certain properties
In March 2020, Congress passed the CARES Act, which included a temporary moratorium affecting certain rental units tied to federal housing programs and federally backed mortgages, as described by the Congressional Research Service summary of the CARES Act eviction moratorium.
The CARES Act protections did not cover every renter in the United States, and one practical issue discussed by CRS was that renters might not know whether the housing they rent is a “covered dwelling.”
The CDC used federal public health authority but the Supreme Court ended the order
During the COVID-19 emergency, the CDC issued orders that temporarily halted certain residential evictions for certain tenants, relying on Section 361 of the Public Health Service Act, which is codified at 42 U.S.C. § 264.
In August 2021, the CDC issued an order that applied in counties with substantial or high levels of community transmission and was scheduled to remain in effect through October 3, 2021, as shown in the CDC’s August 3, 2021 eviction order.
On August 26, 2021, the U.S. Supreme Court vacated the stay that had allowed the CDC moratorium to remain in effect, concluding that the CDC lacked the statutory authority it claimed and emphasizing that landlord-tenant relationships are traditionally a domain of state law.
State and local eviction moratoria can look very different from each other
Outside of limited federal actions, the term “eviction moratorium” usually refers to a state or local rule, and the details vary significantly across the country.
Some jurisdictions used emergency powers during declared emergencies, while others used legislation or court rules, and the legal authority for a moratorium can matter when it is challenged in court.
An eviction moratorium can pause different parts of an eviction case
Different moratoria are written in different ways, so “moratorium” does not always mean the same thing in practice.
Many moratoria do not erase rent and are limited to certain eviction reasons
Federal examples help illustrate a common point: a moratorium is often a delay of one enforcement tool (eviction), not a cancellation of rent obligations, and federal materials have emphasized that the protections do not automatically eliminate rental debt.
Federal materials also illustrate another common limit: some moratoria focus on nonpayment and still allow evictions based on other legally valid grounds, depending on how the moratorium is written.
Confusion often comes from coverage rules and overlapping laws
Eviction moratorium coverage can be hard to understand because the words “covered,” “residential property,” and “nonpayment” may have specific legal definitions in the moratorium itself.
During the COVID-19 period, a renter might have been affected by a federal rule, a state rule, a local rule, and state court procedures at the same time, and those layers did not always match each other.
Courts usually decide how a moratorium affects an individual eviction case
In most states, eviction is a court process, and a moratorium often shows up in court as a limit on what the court can order or what can be enforced during a certain time period.
When there is a dispute about whether a moratorium applies, courts typically look to the text of the moratorium and the procedural rules of that state, and the outcome can differ depending on the jurisdiction and the moratorium’s exact wording.
Challenges and enforcement issues can arise for both renters and landlords
Moratoria can create legal and practical disputes about timing, proof, and what actions are allowed during the covered period, especially where the moratorium is tied to emergency declarations or specific eligibility conditions.
Some moratoria have also been challenged in court on statutory or constitutional grounds, which can lead to rapid changes in what is enforceable, as illustrated by the litigation over the CDC order.
