As many of you know, we have all been one way or another, impacted by the COVID-19 Pandemic since March 2020. As a broker that helps managed a few properties for my investors, it has been my duty to keep up with all the changes with the Laws that affects Landlords and Tenants alike.
California AB-832 is a legislature that aims to assist both. Here is a quick reference to help you navigate and understand better the resources available.
First thing to note is that in order for any landlord to evict a tenant, both landlords and tenants have responsibility and obligations that they must follow. AB-832 is statewide, cities may have their own moratoriums that may be implemented.
For Californian, there are 3 important time periods that are landlord and tenants should remember:
- “Protected Period” - March 2020 and August 31, 2020: Tenant CANNOT be evicted for unpaid rent, provided they delivered a signed declaration attesting to COVID-19 related financial impacts
- “Covered Period” - September 2020 and September 30, 2021: Tenant CANNOT be evicted for unpaid rent, if:
- They delivered a signed declaration (form is supposed to be provided by the landlord to tenants with unpaid rent with any Notice to Pay), attesting to COVID-19 related financial impacts to their landlord, AND
- At least 25% of the total rent during this period (paid to the Landlord by September 30, 2021)
- “Recovery Period” – October 1, 2021 and March 31, 2022: Landlord and tenant should follow the guideline of AB-832
- Tenants who continue to be financially impacted by COVID-19, may apply for rent relief at any time during the Recovery Period
- A Tenant must submit an application for rent relief within 15 business days to be protected, if the landlord serves a Notice to Pay
- While the application is pending the landlord CANNOT have a summons issued on Unlawful Detainer lawsuit (an eviction notice)
- In order to receive Rent Assistance, please keep in mind that you will be required to prove your financial hardship! You may be required to provide your 2020 tax return, W-2, 1099, paystubs, bank statements, etc.
A Landlord must demonstrate efforts to apply for rent relief and/or show that tenant was denied rent relief or that tenant failed to complete an application started by Landlord, before a summon is issued.
Important notes to keep in mind:
- No judgment entered unless court finds landlord tried to get rental assistance and could not. CCP § 1179.11(c)
- Copy of attestations and final decision regarding rental assistance must be served with summons. CCP § 1179.11(d), (e)
- Tenant can provide verification that they have an approved application for rental assistance that would cover the debt claimed
- Tenant rent relief application can be made any time before possession given to the landlord!
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Most tenancies in Santa Clara County are covered by either local or State Just Cause protections! Just Cause means the landlord must have a legal reason to end the tenancy.
- There are “no fault” causes and “at fault” causes that all landlord should understand
If you live in Santa Clara County, there are several resources for both landlord and tenants:
On a personal note, I would like to wish everyone well. As we all wait patiently for everything to be back to normal.
If you seeking an experienced Real Estate Professional/Property Manager to help you with your investment needs, feel free to contact me @ 408.425.5304, nick@nickpham.com, your Top San Jose Realtor.