Tenant Rights: Understanding the 2026 Eviction Moratorium and Protections

For tenants facing financial hardship in 2026, a key federal protection remains the eviction moratorium. The core protection prohibits landlords from evicting tenants for non-payment of rent if the tenant has provided a signed declaration that their inability to pay is due to qualified financial impacts. However, these protections are not automatic; tenants must understand their rights and proactively notify their landlord in writing to invoke them. This article outlines the current legal landscape and the specific steps you must take to secure these protections.

What is the Current Status of the Eviction Moratorium?

The national eviction moratorium, initially enacted by the Centers for Disease Control and Prevention (CDC), has been extended through legislative action and is currently in effect through June 2026. This measure is designed to prevent a wave of homelessness during periods of national economic recovery. It is crucial to understand that this moratorium is not a cancellation of rent. Tenants are still legally obligated to pay all rent owed, and landlords may still charge fees and interest for late payment. The moratorium solely prevents the physical eviction from the property for non-payment, provided the tenant meets specific criteria and follows the required notification process.

What Are the Specific Tenant Rights Under the Moratorium?

Your rights under the moratorium are specific and conditional. To be eligible, you must meet all the following criteria and attest to them in a written declaration to your landlord:

• You have used your best efforts to obtain government rental assistance.
• You expect to earn no more than $99,000 in annual income for 2026 (or $198,000 if filing a joint tax return).
• You are unable to pay your full rent due to a substantial loss of household income, or extraordinarily high out-of-pocket medical expenses.
• You are using best efforts to make timely partial payments that are as close to the full payment as your circumstances permit.
• Eviction would likely render you homeless or force you to live in a new shared living setting because you have no other available housing options.

Providing a false declaration to a landlord can result in serious legal consequences, including perjury charges. It is based on our experience assessment that tenants should carefully review their situation against these criteria before proceeding.

What are the Legal Obligations for Landlords and Debt Collectors?

Under rules enforced by the Consumer Financial Protection Bureau (CFPB), any party acting as a debt collector, including attorneys filing for eviction, is legally required to provide tenants with written notice of their rights under the national moratorium. This notice must be provided at the same time as an eviction notice or filing. Phone calls or emails do not satisfy this legal requirement. If a debt collector fails to provide this written notice, they are considered to be in violation of the Fair Debt Collection Practices Act (FDCPA). Tenants have the right to sue privately for violations, and state attorneys general can also pursue legal action.

What Practical Steps Should Tenants Take Now?

If you are struggling to pay rent, taking immediate and documented action is critical. Do not wait until you receive an eviction notice.

1. Formally Notify Your Landlord: Complete a CDC-style declaration form (readily available online) and deliver it to your landlord or property manager via a method that provides proof of delivery, such as certified mail. Keep a copy for your records.
2. Apply for Rental Assistance: Actively apply for any state or local rental assistance programs for which you may be eligible. Documentation of your application can strengthen your position.
3. Communicate with Your Landlord: While not required by the moratorium, open communication with your landlord about your situation and your efforts to secure assistance can sometimes lead to a mutually agreeable payment plan.

The most critical step for tenants is to provide a formal, written declaration of financial hardship to their landlord to activate moratorium protections. These rules are complex and based on our experience assessment, the outcome can be unpredictable. If you receive an eviction notice, even with these protections in place, it is highly recommended to seek guidance from a tenant advocacy organization or legal aid service immediately.