Governor Newsom extended eviction moratorium authority by local governments from May 30, 2020 to July 28, 2020. The Order allows local governments to enact their own local eviction moratoria until July 28, 2020.
The Order only applies if:
- The local government jurisdiction extend their own eviction moratoria.
- Prior to March 27, 2020, the tenant paid rent to the landlord pursuant to the lease agreement.
- The tenant notified the landlord in writing before the rent is due, or within seven days of the rent being due, that the tenant is unable to pay the rent due as a result of COVID-19, including but not limited to the following:
- The tenant was unavailable to work because the tenant was sick with a suspected or confirmed case of COVID-19 or caring for a household member who was sick with a suspected or confirmed case of COVID-19;
- The tenant experienced a layoff, loss of hours, or other income reduction resulting from COVID-19, the state of emergency, or related government response; or
- The tenant needed to miss work to care for a child whose school was closed in response to COVID-19.
- The tenant must retain verifiable documentation, such as termination notices, payroll checks, pay stubs, bank statements, medical bills or signed letters or statements from an employer or supervisor, explaining the tenant’s changed financial circumstances to support the tenant’s assertion of an inability to pay. Although the tenant is not required to submit the documentation to the landlord when the rent is due, the tenant will be required to provide documentation when back due rent is paid. Further, a tenant may need this evidence as a defense to any unlawful detainer action.
Although the Governor’s Order extends local eviction moratoria, the more pressing issue for landlords is the Judicial Council’s decision to not issue summons on any unlawful detainer lawsuit for ninety days after the State of Emergency is lifted.
For landlords and tenants facing issues related to non-payment of rent during the COVID-19 pandemic, please contact Attorney Anthony Marinaccio at 818-839-5220 to discuss your matter.