At one site it was argued that you could evict someone if they are not effected by COVID job/income loss.

CDC Issues Federal Eviction Moratorium

This article is general in nature and is not intended as legal advice for any specific issue that might arise, since every situation is different. Always consult a knowledgeable landlord attorney with your specific legal issues.

The U.S. Centers for Disease Control and Prevention (CDC) has issued a federal Order purporting to place a nationwide ban on nonpayment residential evictions until December 31, 2020.

The Order becomes effective on September 4, 2020 and essentially provides that residential evictions based on the nonpayment of rent or other charges owed to a landlord are suspended until the end of the year if the tenant provides the landlord with a sworn declaration.

To qualify, the Order requires tenants to provide their landlord with a sworn declaration stating that the tenant: (1) has used best efforts to obtain all available government housing assistance, (2) does not expect to earn more than $99,000 in 2020, or no more than $198,000 if filing taxes jointly, (3) is unable to pay full rent due to lost income, lost employment, or extraordinary medical expenses, (4) is using best efforts to make timely partial rent payments as circumstances permit, (5) if evicted is likely to become homeless or will need to move to “a new residence shared by other people who live in close quarters,” (6) understands that rent, late fees and other lease charges must eventually be paid in full, and (7) understands that after December 31, 2020, the landlord may evict the tenant if past-due payments are not made in full.

It is important to note that the Order does not override more stringent state laws.

In Oregon, for example, tenants who did not pay rent from April 1, 2020 through September 30, 2020 will have until March 31, 2021 to repay those amounts and cannot be evicted based on nonpayment of those amounts.

Oregon law also waives late fees during the same period, while under the federal Order landlords may charge late fees that become due in full along with rent on January 1, 2021. (NOTE: Under both Oregon law and the federal Order, “for-cause” evictions based on conduct other than nonpayment are still allowed.)

The Order (federalregister.gov/d/2020-19654) is based on a finding that the temporary halt of residential evictions is necessary to prevent the further spread of COVID-19. However, the federal government’s authority is limited when it comes to restricting state eviction laws. The federal order is likely subject to challenge on several constitutional grounds, and federal law cannot override state eviction law unless certain conditions are met (i.e., interstate commerce is affected, or discrimination laws apply).

There is a big difference between the CDC Eviction Moratorium (which says it has to be Covid related) and a state like MA being closed to evictions (where it doesn't matter what the reason is).

This case isn't a CDC one. It's a MA one. The courts are closed, so you can't evict, of course.

- John...

Okay I found this, from mass landlords.net

Argument number three: no access to courts.

Only landlords with tenants whose conduct threatens the health and safety of others or the general public may initiate evictions in court during the moratorium, according to chapter 65. All others are barred from access to the courts for commencing summary process, for any reason, including cases where tenants have stopped paying rent even if they have not been affected by coded 19 and the response.

The brief states that by barring access to courts, and therefore, legal recourse for landlords in selective cases-e.g. , when tenants decide not to pay rent but are not defined as threatening the health and safety of others or the general public the state is violating articles 11 and 29.

So the aforementioned post is about a disruptive tenant who fights and argues half the night, also has a mentally disturbed screaming 11 year old child, (understand that is touchy) but the parents are as bad if not worse with their loud arguing. The husband we find out now was let go of the service for his brain damage accident and resultant severe anger issues. He is also a gun collector and has fired off his gun behind the residence. against rules of within town limits.

Yes they have not paid rent for three months.

Two out of the three other tenants feel that it has greatly affected their health with having to stay up to the wee hours of the morning at times. It's a small town with a small police force who will come out and just "say please keep it down" and leave and they start up right away again. The police have stopped responding.

One of the tenants have decided to seek out psychological help because of this. The third tenant is very meek and does not want to make waves to a person who has anger issues.

We just evicted one in Indiana yesterday; he had been behind on rent BEFORE Covid; we filed in our local court just as they were shutting down for evictions in March. He had not paid a dime since. He tried the COVID paper on us -- it arrived by Certified mail the day before the Eviction hearing. Also got a call from the local Trustee (welfare) on the same day.

We may have been one of the first to get a court date (waited 6 months) after the Court assigned a Case #. Judge asked him if he had made best efforts at paying or getting assistance. He started whining about what we had NOT done for him. She shut him down, and gave us the eviction.

I will also add this was a mobile home that the TENANT owns -- he has to move it out of our Park by October 10th. If he does not, then the Sheriff will forcefully take him out of the home. Will probably have to start the abandoned process, unless he can find someone to buy it, and we have to approve of the new owner.