If you’ve owned rental property over the last five years, you likely remember the unprecedented CDC eviction moratorium. At the time, many landlords asked the same question:
“How can the government stop evictions and deny owners access to their own property?”
That question may finally be getting closer to an answer.
What Just Happened?
A federal court of appeals recently ruled that property owners can move forward with their case against the federal government for damages related to the eviction moratorium. This is a significant step that could ultimately lead to a multi-billion-dollar settlement or judgment in favor of rental housing providers.
The case argues that the federal government’s actions violated the Takings Clause of the Fifth Amendment to the U.S. Constitution. The Takings Clause states:
Private property cannot be taken for public use without just compensation.
By prohibiting evictions during the pandemic, the plaintiffs allege, the government effectively took private property rights without compensating owners for the financial losses they endured.
What’s Next?
While this ruling is a major milestone, it doesn’t resolve the case. The federal government could still appeal to the U.S. Supreme Court. Even if they don’t, the case returns to trial court for further litigation, meaning we’re likely years away from a final outcome.
Could Owners Recover Damages?
If the plaintiffs succeed, this case could set a historic precedent—and result in compensation for rental property owners who suffered losses during the moratorium.
According to the National Apartment Association (NAA), property owners who want to join as plaintiffs in this lawsuit must do so by August 2025.
For more details and to explore whether you qualify to participate, visit: cdcevictionlawsuit.com.
Why This Matters for Landlords
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Reinforces the importance of constitutional property rights.
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Could provide financial recovery for losses sustained during the moratorium.
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Signals that government emergency measures may have legal and financial consequences.
Bottom Line
While there’s no guarantee of success, the appeals court ruling marks an important development in the fight to protect property owners’ rights. If you were impacted by the CDC eviction moratorium, now is the time to learn about your options before the August 2025 deadline.
