If you are a residential tenant and unable to pay your rent, below are the questions to ask to protect yourself from eviction.
1. Are you covered by a city eviction moratorium?
Click on the links to the right or check with your City directly to determine if your city has an eviction moratorium AND if the moratorium is still valid with the enactment of the new state law, AB 3088 or the Tenant Relief Act of 2020.
For example, if you live in Oakland and are covered by the just cause eviction ordinance, you may be covered by the Oakland Eviction Moratorium which terminates when the Oakland Emergency Health proclamation terminates. There are also Regulations that work with the ordinance that were enacted on July 31, 2020. Discuss your coverage with the Oakland housing counselors or an attorney.
A list of City eviction moratoria is provided by Tenants Together, a state-wide organization. Housing counselors at Tenants Together can also be consulted.
2. Are you covered by a County eviction moratorium?
If you are not covered by a city eviction moratorium, you may be covered by a County eviction moratorium. Check with your County governance to determine if the County has an eviction moratorium and if coverage continues despite the enactment of the new state law, AB 3088. Consult with County housing counselors or consult an attorney.
For example, if you live in an incorporated or unincorporated area of Alameda County, you may be covered by their eviction moratorium which expires 60 days after Dec. 31, 2020 or 60 days after the expiration of the County Emergency Health proclamation whichever is later. Contact ECHO Housing Counselors.
3. Are you covered by the new state law, AB 3088?
If you are not covered by a City or County eviction moratorium, you may be covered by AB 3088, the Tenant Relief Act of 2020. Go to the "Housing is Key" website or consult a tenant lawyer to help determine coverage. A list of City eviction moratoria is provided on their website through a state-wide tenants organization, Tenants Together. Housing counselors at Tenants Together can also be consulted.
If you owed rent between March 1, 2020 and Aug. 31, 2020, you are protected from eviction for non-payment of rent but you should expect to receive a Notice to Pay Rent or to Quit along with a Declaration of COVID-19 related hardship. You must complete this declaration and return it to your landlord within 15 days. Be sure to keep a copy of the Notice and the Declaration and ensure that you have evidence of delivery of your completed Declaration to your landlord.
If you owe rent between Sept. 1, 2020 and Jan. 31, 2021, you may receive a 15-Day Notice each and every month that you are default of paying rent. You are protected from eviction provided that you return a Declaration of COVID-19 related hardship to your landlord within 15-days AND pay 25% of the rent for each and every month that you receive a Notice and a Declaration. You may defer paying 25% of the rent until Jan. 31, 2021 but if you fail to pay this amount by that date, your eviction protection is waived.
Back-Rent:
Back-rent under AB 3088 and under many City or County moratoria is converted to "consumer debt." This means that, while you may be protected from eviction for some rent owed under your City, County, or State eviction moratorium, you still owe rent and may be sued for back-rent owed. For this reason, we encourage you to work out an installment agreement with your landlord to pay back-rent over time. But, be aware, your City or County may have additional REGULATIONS that relate to these payment plans to help protect your legal rights.
Legal Assistance:
There are non-profit eviction defense attorney firms that offer legal services on a sliding scale basis and are more affordable than private attorneys. The state website, Housing is Key, has a list of these organizations. For private attorneys or other legal assistance contact the State Bar of California or your local bar association.
COVID-19 related links to the right of this blog have been updated but do not include all city or county eviction moratoria.
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