Sean Towner

2020 has been a turbulent year for landlords. In the Spring, Indiana Governor Eric Holcomb issued a statewide moratorium on evictions due to the COVID-19 pandemic. Governor Holcomb’s moratorium was lifted late this summer. It seemed evictions proceedings would return to normal with no stays/prohibitions in place. However, this period was short lived. The Center for Disease Control, a federal agency, then issued a public health order preventing evictions due to non-payment of rent if the tenant meets certain criteria. The CDC’s order was nationwide. As such, landlords were again left scrambling to figure out when/if they could evict tenants who had breached their lease agreements. (It should be noted the CDC’s order pertains to individuals but not businesses).

The CDC’s order lasts until December 31, 2020. It is unknown whether the CDC will extend its public health order into 2021. Given the upward trend of COVID-19 cases across the country, an extension of this order seems probable. However, with news of vaccine testing showing signs of success, perhaps the CDC will not extend its order. Only time will tell.

In the meantime, landlords may continue to file evictions against tenants who breach their lease agreement for non-monetary reasons, whose leases have expired, or who have not paid rent so long as the tenant does not satisfy the CDC’s public health order requirements.

This article is for information purposes only and is not intended to constitute legal advice.