Evictions (The COVID-19 Guide)

2020 will be a year to always remember. COVID-19 was the cause of a total global shutdown that in effect created a major increase in unemployment throughout the entire nation. As a result, the CDC along with local officials implemented a moratorium on evictions in order to avoid a major housing crisis.

California's eviction moratorium is set to expire on September 30th, 2021, if it is not extended again in the following days to come. The moratorium is targeted specifically for evictions related to rental payments during the pandemic. We have provided you with this quick and simple guide to help you get a better understanding of California's current moratorium on evictions.

Restricted Evictions.

Under California's eviction moratorium, any tenant that is missing any rental payment(s) from March 1, 2020, through September 1, 2021, is protected from an eviction if they are able to satisfy at least one of the following:

1. Pay 25% of all rental payments that are owed to the landlord before September 30, 2021.

2. Provide a declaration of financial distress to the landlord before September 30, 2021.

If the tenant fails to satisfy any of the two options stated above, the landlord is able to proceed with an eviction through the court. Furthermore, the landlord is also required to notify the tenant of the option of rental assistance which will cover up to 75% of the past due rent. And in addition, the normal 3-day notice to pay or quit has been changed to a 15-day notice to pay or quit for these types of cases.

It is noted that some counties in California, such as Los Angeles County, have implemented a stronger restriction on these types of cases. Los Angeles County is currently banning eviction cases related to tenants who are unable to pay rent due to a circumstance related to COVID-19 for up to 12 months after the expiration of the current local eviction moratorium. Circumstances related to the COVID-19 pandemic include loss of income due to a COVID-19-related workspace closure, child care expenditures due to school closures, healthcare expenses related to being ill with COVID-19, or caring for a member of the tenant's household or family who is ill with COVID-19, or reasonable expenditures that stem from government-ordered emergency measures.

Unrestricted Evictions.

All eviction cases that are not based on missing rent from the COVID-19 period stated above are supposed to be proceeding as normal evictions would be before the eviction moratorium came into effect. This includes late rent prior to March 01, 2020. But, some counties in California have implemented a stronger restriction on the types of evictions that are being allowed. For example, Los Angeles County has banned "no-fault" evictions such as the owner intending to move into the property, and withdrawal of the property from the rental market. In addition to these cases, Los Angeles County has also banned evictions based on unauthorized occupants, pets, and nuisance related to COVD-19.

Another major difference noted in these types of cases is that majority of the courts are holding all hearings via video conference in order to limit the number of people attending the physical court locations. As an effect of these new court proceedings, a significant delay in cases has been noted in certain courthouses.

Commercial Evictions.

Evictions for commercial properties vary from county to county. These types of cases are not protected under state law and are only banned in counties that have issued a commercial eviction moratorium as well.

This article is for general information purposes only. Our legal blogs are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office.