California Governor Gavin Newsom issued an Executive Order on 3/27/20 – prohibiting landlords from evicting tenants for nonpayment of rent, and prohibits enforcement of evictions by law enforcement or courts.
- This will be effective for rent due starting April 1, 2020
- This will last until May 31, 2020 (this date could change depending on the status of the virus)
Who does it protect?
- Residential tenants in CA
- Commercial tenants in CA
What do you need to prove?
Residential tenants – must prove that the loss of income is related to COVID-19 in these ways
- Tenant is sick with COVID-19
- Tenant must care for someone in their household who has COVID-19
- Tenant got laid off
- Tenant had a loss of hours
- Tenant had an income reduction
- Tenant complied with a recommendation from a government agency to stay at home, self quarantine, or avoid congregating with others
- Tenant had to miss work to care for a home bound school age child
What steps does the tenant need to take?
- Notify the landlord in writing within 7 days of when rent is due indicating that the tenant has suffered a loss of income due to COVID-19, and
- Provide documentation to support how the tenant has lost income – this can be done after letting the landlord know in writing, however tenants want to make sure this is done ASAP to ensure protection from an eviction
Examples of documentation:
- Payroll checks
- Revenue receipts
- Supervisor’s statement indicating there has been a reduction in tenant’s income
- Business owner’s declaration that the business has closed due to complying with an order
- Medical bills
- Bank statements
- Termination notices
- Tenants must pay the remaining portion of the rent that is owed based on the amount of income received – meaning that if the tenant’s rent is $1000, but they had a wage loss of $500, then they must still pay the landlord $500 worth of rent.
- Repeat process. Each month you must inform the tenant if there will be a delay in the rent payment in writing before the rent is due.
When do you have to pay the back pay for rent?
- Tenants will be required to repay the full rent within 60 days. This period of time may change depending on additional Executive Orders.
- Landlords may not charge for late fees during this time period
Can an eviction still occur?
Yes – If the tenant failed to pay rent when due before the ordinance was adopted or for any lease violation, then they may still be at risk of an eviction.