The state-wide eviction moratorium is scheduled to end on September 30, 2021.
So, what does that mean if you’re a tenant?
First and foremost, it means you will no longer have protection from eviction. Tenants will no longer be able to submit a declaration to their landlords about COVID-19 related burdens to avoid eviction. Ultimately, you’ll be responsible for paying the full amount of all of your financial obligations under your lease starting October 1, 2021 and could face eviction if you are unable to make a timely payment to your landlord.
Additionally, if you paid less than the full amount of rent owed between the months of March 1, 2020 and August 31, 2021, your landlord may sue you in small claims court for a money judgment starting November 1, 2021.
Lastly, although the eviction moratorium is ending, you could still be eligible for relief through the rental assistance programs in California. If you are unable to pay rent, contact a local attorney or a county official to assist you in finding options.
And what does that mean if you’re a landlord?
First, beginning October 1, 2021, if your tenant does not pay 100% of rent when due, you may start the eviction process. To learn about the steps of an eviction, read more here.
Additionally, on November 1, 2021, you may initiate a small claims action against your tenant for any rent that remains unpaid between the months of March 1, 2020 and August 31, 2021.
Lastly, you must have legal “cause” to terminate any tenancy before October 1, 2021. This means that for a tenancy where you would typically be able to serve a 30 day or 60 day notice without stating the reason for termination, you must now have “just cause.” To learn about no-fault just cause and at-fault just cause for evictions, read more here.
*This article was written August 1, 2021 and reflects the laws that were applicable on that date. Subsequent changes in the law might not be reflected in this article.
The information in this blog is intended only as general information, and under no circumstances constitutes legal advice, nor does it create an attorney-client relationship. The information should not be relied upon as a substitute for specific legal advice concerning your particular situation.
For advice specific to your situation, contact us to schedule an appointment.
About the Koons & Riswold Auburn Law Office
Koons & Riswold maintains its main office in Auburn, California to provide clients with legal services to clients in Auburn, as well as the greater Placer County region. Our Auburn lawyers provide legal services well suited to the Auburn area, which include: Living Trust and Estate Planning services, Probate, Real Estate legal issues, and business law matters. All our lawyers have deep roots in the Auburn area, having strong familial, community, and professional ties to the region. Koons & Riswold has recently opened a satellite office in Rocklin, California for the purpose of providing Living Trust and Estate Planning services there.