Page 34 - Loading

Landlord/Tenant:
"COVID-19 Tenant Protection Act of 2020"
Urgency legislation that took eect immediately on August 31, 2020.
Creates statewide rent moratorium through 2/1/21.
Allows claims for back due rent to be 􏰀led in small claims court starting 3/1/21 for any amount.
Extends just cause eviction rules to all properties until February 1, 2021.
Local ordinances remain partially in eect.
Suspension of UDs for residential property based on non-payment of rent until October 5, 2020.
"COVID-19 Tenant Protection Act of 2020" creates a statewide rent moratorium eective from March 1, 2020 through January 31, 2021, as described below.
Rent owed during this period may be collected at the owner's option through small claims court, and beginning March 1, 2020, for any amount, but cannot be collected in connection with an action for possession, as described below.
Repayment periods of local ordinances remain largely in eect, as described below.
The just cause eviction rules under AB 1482 are extended temporarily to all properties even if otherwise exempt under AB 1482.
Suspension of UDs for residential property based on non- payment of rent until October 5, 2020. For summary of this, please see the section below entitled "Landlord/Tenant: Suspension of the Unlawful Detainer Procedure under the COVID-19 Tenant Relief Act of 2020."
When a tenant has not paid rent for any period between March 1, 2020, and January 31, 2021, the COVID-19 Tenant Relief Act of 2020 ("Rent Relief Law") will allow most residential tenants to remain in the rental property through January of 2021 as long as the tenant makes a declaration under penalty of perjury that they are unable to pay their rent or meet other nancial obligations because of circumstances related to the COVID-19 pandemic.
For rent that comes due between September 1, 2020, and January 31, 2021, the tenant is responsible for paying at least 25%. However, that amount need only be paid by January 31, 2021. Otherwise, the tenant would be at risk of being evicted for non-payment of rent through an unlawful detainer process, but not before February 1, 2021. After January 31, 2021, and with the exception of the 25% of rent owed from September through January, the landlord will not be able to base an unlawful detainer action on a demand for payment of rent that came due during any time between March 1, 2020, and January 31, 2021.
However, the balance of the unpaid rent is still owed. The Rent Relief Law permits, at the option of the owner, a claim for the unpaid rent to be brought in small claims court, and beginning
32 The Greater San Diego Association of REALTORS®