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New Laws Apply to Eviction Cases

A new state law on evictions allows landlords to start filing residential eviction cases for failure to pay rent or other financial obligations on October 5, 2020. This law provides protections for renters who are given an eviction notice because they are unable to pay their rent or other charges between March 1, 2020 through January 31, 2021, due to COVID-19-related financial distress.

There are also federal protections in place and many cities and counties have local ordinances that were developed to extend special protections to renters during the COVID-19 emergency.

Landlord, it is important to get help to understand your rights and responsibilities under these new laws and ordinances.

Are you a landlord looking for more information? Jump to Help and Resources for Landlords

California's Tenant, Homeowner and Small Landlord Relief and Stabilization Act of 2020 (AB 3088)

On August 31, 2020, California adopted legislation (AB 3088) to protect tenants and small landlords from the financial distress caused by COVID-19 pandemic effects. It includes the COVID-19 Tenants Relief Act of 2020, which includes the tenant protections described in the linked material. Under AB 3088, landlords may begin filing certain eviction actions for failure to pay rent or other charges as of October 5, 2020, but cannot evict tenants who have filed a specific declaration of financial distress within the required time—15-days after being served with a notice to quit by the landlord.

Federal Centers for Disease Control and Prevention Eviction Moratorium

On September 2, 2020 the U.S. Centers for Disease Control and Prevention (CDC) issued a public health order to stop landlords from taking actions to evict tenants who provide a declaration that they are unable to pay rent and meet certain other requirements.

Under the CDC order, the tenant still owes the rent and is subject to eviction for failure to pay the amount due in its entirety by December 31, 2020.

This law may protect tenants who are not covered, for whatever reason, by the state law. It is not yet clear whether this law applies in California, or how it applies to individual cases. A court may determine eventually that it does apply, at least for those tenants not protected by state law, so a tenant unable to pay rent may want to provide the landlord with a declaration under the CDC order if they can do so.

New and Revised Forms in Effect on October 5

Help and Resources for Landlords

Note: A notice to quit must have the same language and information as required before the passage of AB 3088. Read more about Eviction Notices. In addition to the information normally required on a notice to quit, a notice to quit or pay rent for COVID-19 rental debt must contain specific language regarding the tenant’s rights and responsibilities under AB 3088. The landlord must also provide with the notice an unsigned declaration of COVID-19-related financial distress.


See Landlord Forms for links to specific language for required notices to tenants.

Help for Small Landlords

California's Tenant, Homeowner and Small Landlord Relief and Stabilization Act of 2020 also offers some help to landlords in the form of mortgage forbearance.


"More Important Information that "IS NOT LEGAL ADVICE". No legal advice is given or can be received from this website; see the links to the California Courts Judicial Branch for information provided by the courts."

AB 3088 – Important takeaways – COVID-19 Tenant Relief Act

AB 3088 has been announced by Governor Newsom after a few weeks of negotiations among lawmakers, tenant advocate and landlord organizations. The bill, known as the Tenant, Homeowner and Small Landlord Relief and Stabilization Act of 2020, is aimed to help ease the looming eviction crisis set to come on and after 9/1/20 which is when the statewide eviction ban officially expires.

Here are some important takeaways from AB 3088:

Rents due between 3/1/20 through 8/31/20

  • Residential tenants cannot be evicted if they provide their landlord with a declaration stating that they have experienced “COVID-19 related financial distress” within the 15 day notice period.

  • Only “high income” tenants (those who earn 130% or more of the county’s average annual income, or more than $100,000 annually) would be required to show proof of financial hardship.

Rents due between 9/1/20 through 1/31/21

  • Landlords cannot evict their tenant if tenant provides a filled out declaration letter within the 15 day notice period AND pay 25% of their rent by January 31, 2021.

  • Landlords can file for evictions as of 02/01/21 if tenants fail to declare their COVID-19 related financial hardships and have not paid at least 25% of their rent.

General

  • The notice periods stemming from failure to pay rent have been extended from 3 to 15 days (excludes weekends and judicial holidays). This is intended to provide affected tenants more time to either pay their rent due or provide their landlord with the required “Declaration of Hardship” to qualify for new eviction protections.

    Read more about how the     15 Day Notice works. You can also download an AB 3088 Eviction Flowchart.

  • Eviction for just causes (as defined in AB 1482) can be filed as of 9/2/20.

  • Any and all unpaid rent is not forgiven. The owed amount is to be converted to consumer debt. Landlords will be allowed to collect through small claims court as of 3/1/21. A tenant cannot be evicted for any owed rent between 3/1/20 through 8/31/20.

  • Landlords are required to provide their tenants blank copies of the hardship declaration form along with printed information regarding their rights and protections under AB 3088 when serving the 15 day notice. If their lease was negotiated in a different language other than English, a version in that language must be provided.

  • All eviction judgments in failure to pay rent cases within the dates of 4/4/20 through 1/31/21 are subject to “masking” and not required to be made public regardless of the unlawful detainer outcome.

  • Landlords who do not follow the new guidelines can be fined anywhere from $1,000 up to $2,500.

AB 3088 Status Update – 9/1/20

Right before the mid night deadline on 8/31/20, governor Newsome signed the statewide COVID-19 Tenant and Landlord Protection Legislation, or AB 3088 for short.

Additional Important Information

All local ordinances already in place can remain in place until they expire. Any future local legislation and ordinances cannot undermine the new statewide AB 3088.

Call 714-955-8910 or email Mike@evictionservices.net to get started.










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