What effect does AB-3088 have on evections?

As a response to COVID-19, California passed Assembly Bill 3088, commonly known as the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 on August 31, 2020. This bill became effective immediately on September 1, 2020, with major changes to California's eviction procedure. One of the greatest impacts is a temporary eviction moratorium for tenants who have suffered a financial hardship due to COVID-19 until February 2021, followed by a set of new requirements for landlords to abide by in order to process an eviction.

Eviction Moratorium

Under AB-3088, tenants who were unable to pay rent between March 1, 2020 - August 31, 2020, can not be evicted if they return a declaration of COVID-19 related financial distress to their landlord, signed under penalty of perjury, within 15 business days of receiving a notice to pay or quit. If the tenants fail to return a declaration of COVID-19 related financial distress to their landlord, the landlord can begin an eviction process against the tenants.

For tenants that are unable to pay rent between September 1, 2020 - January 31, 2020, all of the same rights and obligations as stated above apply. However, by January 31, 2020, the tenants must pay at least 25% of the rent due during the period of September 1, 2020 - January 31, 2020, in order to avoid eviction.

New requirements for landlords.

AB-3088 requires landlords looking to evict tenants who were unable to pay rent between March 1, 2020 - August 31, 2020, to provide a 15-day notice to pay or quit instead of a 3-day notice to pay or quit. This notice must also inform them of their rights under AB-3088 and include a declaration of COVID-19 related financial distress form. Tenants making over 100k a year or over 130% of the median household income, whichever is greater, must provide additional documentation showing proof of their financial distress. Furthermore, Landlords must also comply with the just cause eviction procedures of The Tenant Protection Act of 2019 (AB 1482), except when they are selling the property to a buyer who will take occupancy of the property.

CDC Eviction Moratorium vs AB-3088

The CDC moratorium was declared in early September and is not entirely clear how the moratorium impacts California and AB 3088. Even though Gov. Newsom stated that AB-3088 is more strict than the CDC Eviction Moratorium, there are a few instances where this is different.

• Under both ordinances, the tenant is required to return the declaration prior to any eviction taking place. Once the declaration is returned, under AB 3088 the tenant is protected until January 31 as long as they pay 25% of the rent. Under the CDC Eviction Moratorium, they are only protected until December 31, but are not required to pay any rent.

• Under the CDC Eviction Moratorium tenants only need to return the declaration once, but under AB 3088 landlords can require a monthly declaration.

• The AB 3088 declaration must be returned to the landlord within 15 days, the CDC Eviction Moratorium can be returned at any time, even up to the sheriff lockout.

• The CDC Eviction Moratorium does not allow for any "no-fault" evictions until after December 31, 2020. The only allowed reasons are for breach of lease, criminal activity, behavior that threatens the health or safety of others, property damage, or violation of building codes or health ordinances.

• Under AB 3088, there are several "no-fault" reasons that can be used to evict a tenant that are not allowed under the CDC Eviction Moratorium (removing the unit from the rental market, the owner of the property moving in, etc.).

• AB 3088 allows landlords to ask for proof of financial hardship from high-income tenants. The CDC Eviction Moratorium does not.