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March 1, 2021, for any amount, even if the amount at issue would otherwise be more than the small claims court limits.
The procedure for demanding rent is dramatically altered. Instead of 3-day notice to pay rent or quit, the owner must serve a 15-day notice. If a notice to perform covenant or quit is demanding a nancial obligation then this notice, too, must conform to these rules. These notices must include statutory language alerting the tenant to their rights under the law and a blank declaration allowing the tenant to attest a COVID-19 related nancial hardship. Returning this declaration to the owner will protect the tenant from eviction. There is no obligation to provide documentary proof of the COVID-19 nancial hardship unless the tenant qualies as a "high-income" tenant. There is also a general notice that must be given before September 30, 2020, to all tenants who are behind on their rent from March 1, 2020, through August 31, 2020. Failure to adhere strictly to these notice rules may be a basis for denial of an unlawful detainer judgement.
This law temporarily requires all residential landlords in California to comply with the just cause eviction procedures of The Tenant Protection Act of 2019 (AB 1482) in order to nd a tenant guilty of unlawful detainer on or after March 1, 2020 and before February 1, 2021. This is the case, even when the property would otherwise be exempt under AB 1482. However, an owner of a single-family property or condo can terminate a tenancy when they are in contract to sell the property to a buyer who will take occupancy.
Local rent moratorium repayment periods that were in eect before August 19, 2020, remain in eect as long as they were not extended after that date or as long as the repayment period commenced no later than March 1, 2021 (in which case the repayment period would commence March 1, 2021). If the commencement period was conditioned on the ending of state of emergency, then the repayment period will instead commence on March 1, 2021. If there is a local law which creates a rent repayment period, the owner may not have a right to ask for the rent even in a 15-Day notice, depending on the specic requirements of the local law.
Please see our Q&A "The COVID-19 Tenant Relief Act of 2020" for more details.
The COVID-19 Tenant Relief Act of 2020 was part of a larger bill Assembly Bill 3088 and is codied as Code of Civil Procedure Sections 1161, 1161.2, 1161.2.5 and 116.223, and Chapter 5 (commencing with Section 1179.01). Eective immediately on August 31, 2020, as urgency legislation.
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