{"id":3042,"date":"2021-03-01T09:38:00","date_gmt":"2021-03-01T13:38:00","guid":{"rendered":"https:\/\/propertyonion.com\/education\/?p=3042"},"modified":"2021-03-30T12:30:20","modified_gmt":"2021-03-30T16:30:20","slug":"cdc-moratorium-on-evictions-foreclosures-ruled-unconstitutional","status":"publish","type":"post","link":"https:\/\/propertyonion.com\/education\/cdc-moratorium-on-evictions-foreclosures-ruled-unconstitutional\/","title":{"rendered":"CDC Moratorium On Evictions & Foreclosures Ruled Unconstitutional!"},"content":{"rendered":"\n

Updated 03\/30\/2021:<\/strong><\/p>\n\n\n\n

Shortly after I created the article at the beginning of March the CDC appealed.<\/p>\n\n\n\n

Because the Texas Court stopped short of granting the injunction, bc they thought that the federal government was going to comply, it’s not nationwide anymore.<\/p>\n\n\n\n

A federal court in Ohio also recently found it to be unconstitutional.<\/p>\n\n\n\n

There are two appeals pending one in the 11 Circuit court of appeals and the other one in the 5th Circuit Court of appeals.<\/p>\n\n\n\n

Based on my reading of the rulings, the appellate briefs, etc. If I were a landlord I would include a constitutional argument making reference to those rulings in my filing of the eviction proceedings.<\/p>\n\n\n\n

What we are recommending our clients to do is to send notices of termination of months to month tenancies, that way the eviction action is filed under the basis of a holdover tenancy rather than a non-payment of rent. Holdover tenants are not protected by the CDC order.<\/p>\n\n\n\n

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Update on the CDC Moratorium \u2013 Yes, It\u2019s Officially Unconstitutional!<\/p>\n\n\n\n

In September of 2020, I informed the investor community at PropertyOnion.com<\/a> that the CDC moratorium was likely unconstitutional<\/a> and would be challenged. It was.<\/p>\n\n\n\n

A federal judge in Texas ruled the CDC\u2019s actions unconstitutional on February 25, 2021. This applies nationwide.<\/p>\n\n\n\n

You\u2019re probably wondering how this ruling in Texas affects your real estate investments in Florida. Well, when a federal court rules that a federal law, directive, rule, or otherwise is unconstitutional, then the law is no longer in effect.<\/strong><\/p>\n\n\n\n

The judge in the case expected the CDC to abide by its decision and stopped short of granting an injunction against the CDC. However, the CDC, contrary to their representations to the very same judge, have now filed an appeal in the 5th District Court.<\/p>\n\n\n\n

The plaintiffs in the Texas case are likely to seek an injunction to prevent the CDC from continuing activity that has been declared unconstitutional.<\/p>\n\n\n\n

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In this Article:<\/p>\nToggle<\/span><\/path><\/svg><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n