The Old CDC Eviction Moratorium

Understanding the CDC Eviction Moratorium: What Florida Landlords and Tenants Need to Know

During the COVID-19 pandemic, one of the most controversial housing measures in modern history was the CDC eviction moratorium. Many landlords believed it completely stopped evictions. Many tenants believed rent no longer had to be paid. Neither interpretation was correct.

Understanding what the moratorium actually did—and what it did not do—is important because confusion still affects landlord-tenant discussions today and continues to influence housing policy debates.

What Was the CDC Eviction Moratorium?

On September 4, 2020, the federal government, through the Centers for Disease Control and Prevention (CDC), issued an emergency order titled "Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19." The CDC argued that widespread displacement of tenants could worsen the spread of COVID by increasing homelessness and crowded living conditions.

The order initially ran through December 31, 2020, but it was extended several times until the Supreme Court of the United

States ended the program in August 2021.

Who Was Protected?

The moratorium did not automatically protect every renter.

Tenants had to provide a signed declaration stating, under penalty of perjury, that:

• They had used their best efforts to obtain available rental assistance.
• They expected to earn less than certain income thresholds.
• They were unable to pay full rent due to substantial loss of income or extraordinary medical expenses.
• They were making their best effort to make partial payments.
• Eviction would likely leave them homeless or force them into shared housing.

Without that declaration, the protections generally did not apply.

What Landlords Could Still Do

This created perhaps the greatest misunderstanding of all.

The CDC order did not prohibit all evictions.

Landlords could still pursue eviction actions for:

• Criminal activity on the premises
• Property damage
• Threats to health and safety
• Lease violations unrelated to rent
• Violations of building codes or other contractual obligations

The moratorium only restricted residential evictions based solely on nonpayment of rent by qualifying tenants.

What the Moratorium Did Not Do

The CDC order did not:

• Cancel rent
• Forgive late fees where otherwise allowed
• Eliminate lease obligations
• Prevent landlords from filing lawsuits in some circumstances
• Stop landlords from eventually collecting unpaid balances

Tenants still accumulated rental debt. In many cases, renters emerged from the moratorium owing thousands of dollars.

For landlords, this distinction became important. The government paused certain enforcement remedies, but it did not erase contractual obligations.

What Happened in Florida?

Florida followed the federal CDC protections while they were in effect. Unlike some states, Florida did not create broad, long-term independent eviction protections beyond the federal framework.

Florida landlords still had to comply with the CDC order when a tenant properly submitted the required declaration. However, ordinary Florida landlord-tenant law continued to govern issues not covered by the federal order.

For example, landlords could still issue notices, address lease violations, and pursue legal remedies where the CDC order did not apply.

Today, the CDC moratorium is no longer in effect, and Florida landlords generally operate under standard Florida landlord-tenant statutes.

The Supreme Court Ends the Moratorium

On August 26, 2021, the Supreme Court ruled that the CDC exceeded its authority in imposing the nationwide eviction ban without specific congressional authorization. The ruling effectively ended the federal moratorium.

The Larger Lesson

The CDC moratorium was never a rent forgiveness program. It was a temporary public-health measure designed to delay certain evictions during an emergency.

For landlords, perhaps the most important lesson was understanding the difference between a delay and a cancellation. Obligations under the lease continued to exist even when enforcement options were temporarily limited.

As future housing regulations are debated, understanding precisely what happened during the CDC moratorium may help both landlords and tenants avoid confusion—and make better decisions when the next emergency arrives.