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Have You Being Served With Eviction Papers During Covid?

Posted by George L. Fernandez | Feb 18, 2021 | 0 Comments

What are my protections at the state level? Senate Bill 91, effective February 1, 2021, states that:

  • Tenants cannot be evicted for ANY rent they were unable to pay starting in March 1st and through August 31st, 2020. However, landlords can take you to small claims court for the owed rent during said time frame begining August 1st, 2021.
  • If tenants are currently unable to pay full rent from September 1st, 2020 through June 30, 2021, your landlord still may not evict you so long as tenants complete the following:
    • Tenant must provide landlord with a declaration of impacts COVID-19 has had to their household, within 15 days of receiving a nonpayment of rent eviction notice from their landlord.  For proof of documentation tenants are recommended to send by certified mail. 
    • Tenants must pay a minimum of 25% of rent for the months of September 2020 through June 2021 no later than June 30th, 2021. The 25% payment can be made as installments or in one lump sum so long as your 25% payment is made by January 31st, 2021.
  • On July 1, 2021, tenants are expected to pay their rent in full to avoid eviction.
  • Starting August 1, 2021, landlords can take tenants to small claims court for unpaid COVID-19 rent debt accurred March 1st, 2020 to January 31st, 2021.  
  • Until July 1st, 2021, landlords must give a just-cause reason to evict a tenant in California per the protections outlined in AB 1482.  
  • Other types of evictions will proceed, including no-fault and Ellis Act evictions. This is a loophole we are fighting to close! You may be able to access stronger protections at the local level. 

What are my federal protections What does the CDC order do? The Centers for Disease Control (CDC) order was issued on September 4, 2020 and expires on March 31, 2021. The CDC order covers renters who expect to make less than $99,000 in income in 2020, received a stimulus check, or is "likely to become homeless or live in close quarters" if they are evicted. This covers evictions for inability to pay rent in full and other types (like no-fault evictions) as well. The CDC order asks that you make "timely partial payments as close to the full rent" as you can.

 
 

I CAN pay 25% or more of my rent. What should I do to protect myself from eviction? If you receive a written eviction notice citing your inability to pay rent as the reason, submit this declaration of hardship to your landlord as soon as possible. If you receive a verbal notice, you should send an illegal notice response to your landlord. You are supposed to file these monthly for each month you cannot pay.

I CAN'T pay 25% of my rent owed. How do I tell my landlord? If you meet the requirements listed above under "What does the CDC order do?", you may be protected under the CDC order, which functions as a "floor" for protections. If you are not adequately covered by AB 3088 or local protections, consult the federal order. If you make under 80% of the Area Median Income for your area, you will qualify for rent relief funds beginning in March 2021 for up to 25% of your owed rent, even if your landlord refuses to participate in the rent relief program (more details below). 

What documentation should I save? If you can get in touch with your employer or former employer, have them sign this form and submit it to your landlord. Make sure you keep a hard copy for yourself. If you cannot obtain documentation from an employer about a loss of income, keep any records of a job loss, unemployment applications, or any other paperwork that you can keep on hand. You can also use the form at NoRent.org, compiled by tenant organizers across the country, to have a letter pre-filled out for you.

My landlord is asking me to move out. What do I do? Do NOT move out immediately! It is illegal for the landlord to physically remove you from your home, unless you have received an order to leave from a court AFTER an eviction case has taken place in that court. Receiving an eviction notice does NOT mean you have to move out. Contact a tenant or legal aid organization immediately if your landlord is harassing you, or pressuring you to move.

My landlord wants to increase my rent by more than 10%. This is illegal during the state of emergency for new and existing tenancies under California Penal Code Section 396. This includes both the COVID-19 state of emergency but also any county-level states of emergency related to wildfires in California. If your landlord puts forward an agreement with a rent increase, do not sign anything. Use this sample letter to notify your landlord and keep a copy. Lastly, the cost of hotel rooms is covered under the state of emergency provision as well. You can learn more about your price-gouging protections at the state Attorney General website.

I have notified my landlord that they cannot increase my rent above 10%, but they are trying to do so anyway. Contact a local legal aid hotline, the Tenants Together hotline, or a local tenant organization if your landlord pushes back. Keep all documentation of communication between you and your landlord handy. Use this link to file a consumer complaint immediately with the state Attorney General.

My landlord is asking me to sign a rental agreement to read just my rent. Do not sign any new agreements with provisions that you find questionable, without consulting a local organization first. If your landlord is asking for a repayment agreement related to a COVID-19 stimulus check, do not sign. You are under no obligation to turn over any stimulus or unemployment money from the government to your landlord in a written agreement.

My landlord has filed an eviction that isn't related to me not paying my rent in full, but I am at risk if I leave. You may be protected by the CDC order until January 1, 2021. If you are NOT being evicted for any of these 5 reasons: (1) violating a lease agreement (other than nonpayment of rent), (2) criminal activity, (3) threatening health and safety of other tenants, (4) damaging property, (5) violating health & safety code, the CDC order protects you from eviction. We believe the CDC order should prevent "no-fault" evictions.

About the Author

George L. Fernandez

Passion. Experience. Diligence. Get in touch We at the Fernandez Law Group know that finding the right attorney to represent you is a choice not to be taken lightly. That's why we offer free consultations to discuss your legal problems, goals and objectives, Book an appointment ▸ FOUNDER & PR...

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