State eviction laws have been amended in light of the COVID-19 pandemic to protect residential tenants. The laws protected tenants who received an eviction notice because they were unable to pay their rent or other fees between March 1, 2020 and September 30, 2021 due to economic hardship stemming from COVID-19. It also provided that, for the same period, any other eviction of residential tenants must have just cause. In addition, the state now has a rental assistance program to pay landlords back rent for eligible tenants during that period and beyond.
As of October 1, 2021, a tenant can be evicted for any legal reason, including not paying rent.
Between October 1, 2021 and March 31, 2022: A landlord seeking to evict a tenant for non-payment of rent or other financial obligations that were due between March 1, 2020 and March 31, 2022 in a lease that started before October 1, 2021, you have to apply for rental assistance before the court can issue a summons in the case.
Whether you are a tenant or a landlord, it is important that you get help understanding your rights and responsibilities under these new laws and ordinances.
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COVID-19 Tenant Relief Act (AB 832)
On June 28, 2021, the Governor signed a law that extends the protections of AB 3088 and SB 91 through September 30, 2021, and includes some additional protections. The period during which landlords may not evict tenants for nonpayment of rent if the tenants provided the landlord with a declaration of hardship related to COVID-19 within 15 days of receiving an eviction notice has been extended until September 30, 2021. For notices to vacate for rent due between September 1 and the new end date of protections, which is September 30, 2021, the deadline tenants have to pay 25% of the full amount of rent due has been extended through September 30, 2021. 100% of the amount owed to the landlord by tenants eligible for assistance.
This law also makes new provisions that require plaintiffs to actively participate in the rental assistance program before obtaining an unlawful detainer judgment. Beginning October 1, 2021, in most cases of eviction due to nonpayment of rent due to COVID-19 or rent debt incurred between October 1, 2021 and March 30, 2022, a The court cannot issue a summons or enter a judgment until the landlord has shown that they tried to get help under the state's emergency rental assistance program, but their application was denied or the tenant did not fill out their section of the application.
COVID-19 Tenant Relief Act (SB 91, Budget Act of 2020)
On January 29, 2021, the Governor signed a law that extends the protections of AB 3088 through June 30, 2021, and includes some additional protections. Under this law, landlords could not evict tenants for nonpayment of rent before June 30, 2021 if the tenants provided the landlord with a COVID-19-related hardship statement within 15 days of receiving a notice. notice to vacate. The deadline for tenants to pay 25% of the total rent amount after September 1, 2020 has also been extended to June 30, 2021. Senate Bill 91 also established a new emergency rental assistance program to help tenants who have been affected by COVID-19,
California Tenant, Homeowner, and Small Landlord Stabilization and Relief Act of 2020 (AB 3088)
On August 31, 2020, California passed legislation (AB 3088) to protect tenants and small landlords from economic hardship caused by the effects of the COVID-19 pandemic. It includes the COVID-19 Tenant Relief Act of 2020, which provides tenant protections through January 31, 2021. Under AB 3088, landlords could begin filing certain eviction actions for nonpayment of rent or other charges beginning October 5, 2020, but through January 31, 2021, could not evict tenants who have filed a specific declaration of economic hardship related to COVID-19 within the required 15-day period after receiving a owner's eviction notice.
Suspension of evictions from the Federal Centers for Disease Control and Prevention
On September 2, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued a public health order to prevent landlords from taking action to evict tenants who state they cannot pay rent. rent and meet certain other requirements. The original order provided this protection until December 30, 2021, but the term has been extended several times since then, most recently to July 31, 2021.
On August 3, 2021, the CDC issued an order protecting tenants living in counties where there are substantial or high levels of transmission of COVID-19. Under the order, a tenant who provides a statement to the landlord cannot be evicted for nonpayment of rent.