California Landlord Tenant Attorney

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?

  1. 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
  2. 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
  3. 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.
  4. 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.

Robert Bowman Jr

Robert Bowman Jr.

President and CEO / Attorney at Law

Phone: (916) 923-2800