Our Charleston office is preparing to move in 2025. Help support Justice on the Move!


News &

Law Update

CDC Order on Eviction Extended

Written by Legal Aid WV


*It is possible this information is no longer relevant.*

The CDC has extended the order to temporarily stop evictions for non-payment of rent if certain conditions apply. The CDC Order now temporarily halts evictions for non-payment until after July 31, 2021. This order has been extended to help families remain in their homes while West Virginia works to distribute emergency rental assistance to help tenants and landlords with arrears to prevent evictions. This will be the last extension.

The CDC Order prevents people from being evicted for non-payment of rent if all the following are true:

  • -Your income was no more than $99,000 in 2020 ($198,00 for joint filers); or you expect to earn no more than $99,000 in 2021 ($198,000 for joint filers); or you have no income to report to the IRS for 2020; or you received an Economic Impact Payment (stimulus check) in 2020 or 2021.
  • -You have sought government assistance to make rental payments;
  • -You are unable to pay rent because of loss of income or extraordinary out-of-pocket medical expenses;
  • -You will make any payments, partial or full, that you can afford; and
  • -You are likely to become homeless, move into a homeless shelter, or be forced into a shared living situation (i.e., moving in with friends or family) if evicted.

This means that people may still be evicted for any valid reason other than the non-payment of rent.

The CDC Order is not an automatic protection from eviction. Each person on the lease must complete and sign a CDC declaration form. This form must be provided to your landlord or the court if an eviction case has been filed. For more information on evictions during COVID-19, read our article.

Rent is still due during this time. If you are behind on rent due to COVID-19, you may be eligible for help with rent and utilities through the Mountaineer Rental Assistance Program. More information is available online, along with the application. If you can’t apply online, contact 211 to ask for a paper application.

If you are being evicted and need help, you can apply for Legal Aid by calling 1-866-255-4370 or complete our Online Application and we will contact you.

Stay up to date with Legal Aid West Virginia monthly newsletter for all the latest legal news, resources, and information.