California Temporarily Suspends Some Evictions — What Renters Should Know
On March 27th, Governor Gavin Newsom temporarily paused evictions in California for people who can’t pay rent because of Coronavirus/COVID-19. Under the Governor’s Order, courts and law enforcement can’t force people who qualify out of their homes, even after an eviction lawsuit. The Order also tries to pause certain eviction lawsuits for 60 days, but, because of a conflict in laws, it’s unclear if courts will allow this. Here’s a breakdown.
Who Does This Order Apply To?
This Order protects residential tenants — people who rent homes, apartments, or other living spaces — who can’t pay rent because of Coronavirus and shut-downs caused by Coronavirus. To qualify, renters must have a lease or rental agreement, and must have paid rent to their current landlord.
The law is written to broadly protect people who can’t pay rent “due to reasons related to” Coronavirus. It specifically calls out certain tenants for protections.
The Order clearly protects renters who can’t work because they have Coronavirus or have to care for a family member with Coronavirus. Under the law, tenants and their family members don’t have to have a confirmed case of COVID-19 to benefit — people who think they have Coronavirus or who care for people who believe they have Coronavirus are protected.
The Order also covers people who have lost money and can’t pay rent because of the impacts of Coronavirus, including workers who’ve lost their jobs or work hours, and others who have lost income because of the Governor’s stay at home order and the closing of businesses and public places.
It also protects parents who must stay home from work to care for children who miss school because of Coronavirus.
The Order doesn’t stop all residential evictions —people can still be evicted for many other reasons, including for landlords to sell homes, no cause evictions, etc. — and it doesn’t protect businesses hit hard by the Coronavirus pandemic.
What Must Tenants Do to Make Sure They’re Protected?
If a renter meets the Order’s requirements, they must tell their landlord in writing that they can’t pay rent, can only pay some of their rent, or that they need to pay rent later. Tenants must explain why they can’t pay and how this relates to Coronavirus. Renters should tell their landlords before rent is due. If they can’t, they must notify their landlords within 7 days of rent being due.
Renters should keep proof that they can’t pay rent. This might include pay stubs, receipts, lay off letters, bank statements, medical bills, etc. showing that the renter has lost money because of Coronavirus and, as a result, can’t pay. Landlords can ask for proof that a renter can’t pay rent. Renters will need to give this evidence to a court if their landlord files an eviction lawsuit.
The law is clear that if a renter can pay some of their rent, they must do so. As with all housing issues, it’s important for tenants to communicate with landlords — renters should tell their landlords if they think they won’t be able to pay rent, explain why, and explain when they think they’ll be able to pay again. Open communication goes a long way. In a time of crisis, people are more open to helping each other — a simple conversation can make a huge difference.
How Does the Order Protect Renters Who Qualify and Notify Their Landlords?
Under the Governor’s Order, tenants who qualify can’t be removed from their homes by a sheriff or an order from a court before May 31st, even if a landlord has filed an eviction lawsuit.
The Order also tries to pause eviction lawsuits filed between March 27th and May 31st, but it’s not quite clear if it actually accomplishes this. If a landlord files an unlawful detainer to evict a tenant who is protected under this law before May 31st, the order says that a tenant does not have to respond to the lawsuit for 60 days. However, another law still requires a tenant to respond to an unlawful detainer lawsuit within five days or the court can enter a default judgement against a tenant, and have them evicted. Non-profit organizations Western Center on Law and Poverty, California Rural Legal Assistance Foundation, and Disability Rights California believe that tenants will still have to appear in court for eviction lawsuits, even if they qualify for protections under the law.
It’s not clear how the courts will deal with this conflict in the law. If tenants are given papers that state they are being sued in an eviction lawsuit (called a summons and complaint), they should contact their local Legal Aid Organization, or a local housing rights/landlord tenant lawyer for guidance.
Are There Additional Resources That Can Help?
Luckily, more than 80 cities and counties, including Los Angeles, San Francisco, San Diego, the County and City of Santa Barbara, and City of Goleta have passed laws that do more than the Governor’s Order protect tenants during this time. Some, like the City of Goleta, also provide relief for businesses hit hard by Coronavirus. Tenants can visit the California Apartment Association website, which has a list of cities and counties with eviction protections. Tenant’s local city and county websites may also provide more information.
Local Housing Rights organizations, Tenants’ Unions, Legal Aid Organizations, and Housing Rights/Landlord/Tenant attorneys may also be able to help renters facing evictions and explain the Governor’s Order and local laws that support renters during this crisis.
Elise Cossart-Daly is an anti-discrimination, civil rights, and environmental lawyer in Santa Barbara County, California. She advocates for women, people of color, people with disabilities and chronic health conditions, and other marginalized community members on many issues, including housing rights, at Cossart-Daly Law, A.P.C. Cossart-Daly Law, A.P.C. provides reduced fees for lower and middle income clients.
This article is not intended to serve as legal advice and is not an offer to represent you. It reflects current law as of March 31, 2020.
