Temporary Eviction of Statewide Evictions: CA Gov. Newsom Signs Statewide Tenant and Landlord Protection Bill

California Governor Gavin Newsom signed into effect legislation AB-3088 to halt evictions of tenants and foreclosures on landlords who have been economically affected by the COVID-19 pandemic. As characterized by Gov. Newsom, AB-3088

…protects tenants from evictions for non-payment of rent and helps keep homeowners out of foreclosure as a result of economic hardship caused by this terrible pandemic. California is stepping up to protect those most at-risk because of COVID-related nonpayment, but it’s a bridge to a more permanent solution once the federal government finally recognizes its role in stabilizing the housing market. We need a real, federal commitment of significant new funding to assist struggling tenants and homeowners in California and across the nation.

California Gov. Gavin Newsom

The legislation mandates that tenants cannot be evicted before February 1, 2021 as response to unpaid rent amassed between March 4, 2020 – August 31, 2020 if the tenant declares a COVID-19 related economic hardship. For such hardship “that accrues between September 1, 2020 – January 31, 2021, tenants must also pay at least 25 percent of the rent due to avoid eviction” (Office of Governor Gavin Newsom, 2020). Tenants retain responsibility for paying unpaid rent to their landlords but cannot be evicted for such reason.

As for landlords, the legislation decrees that landlords may resume debt recovery on March 1, 2021 and may be done so through small claims court jurisdiction. Landlords’ failure to abide by the court evictions process will result in penalty. As per the Office of Gov. Newsom, additional protections for tenants include:

• Extending the notice period for nonpayment of rent from 3 to 15 days to provide tenant additional time to respond to landlord’s notice to pay rent or quit.
• Limiting public disclosure of eviction cases involving nonpayment of rent between March 4, 2020 – January 31, 2021.
• Protecting tenants against being evicted for “just cause” if the landlord is shown to be really evicting the tenant for COVID-19-related nonpayment of rent.
• Providing tenants a backstop if they have a good reason for failing to return the hardship declaration within 15 days.
• Requiring landlords to provide hardship declaration forms in a different language if rental agreement was negotiated in a different language.
• Requiring landlords to provide tenants a notice detailing their rights under the Act.