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These provisions were part of a larger bill Assembly Bill 3088 and are codied as Civil Code Sections 1946.2, 1947.12 and 1946.13. Eective immediately on August 31, 2020, as urgency legislation.
Landlord/Tenant: Suspension of the Unlawful Detainer Procedure under the COVID-19 Tenant Relief Act of 2020.
Urgency legislation that took eect immediately on August 31, 2020.
Residential unlawful detainers based on non- payment of rent can commence on October 5, 2020.
Under the COVID-19 Tenant Relief Act of 2020, no summons or defaults will be issued for residential unlawful detainers based on non-payment of rent until October 5, 2020.
All other UDs can proceed beginning September 2, 2020.
Beginning on September 2, 2020, after the Judicial Council’s Emergency Rule 1 expires, landlords will be able to proceed with eviction cases for most lawful causes—meaning a basis for eviction that is permissible under federal, state law, or local law —other than non-payment of rent or other charges under the rental agreement.
Beginning on October 5, 2020, landlords will be able to proceed with eviction cases if the grounds for the eviction is nonpayment of rent or other charges. But to do so, the landlord must serve a notice giving the tenant a 15 business-day window in which to make one of the following choices: pay the demanded amount, vacate the premises, or return a declaration to the landlord, signed under penalty of perjury, indicating that the tenant cannot pay the demanded amount because of a COVID-19 related nancial hardship. What constitutes a COVID-19 related nancial hardship is both stated in the bill and included in the text of the 15-day “pay or quit” notice. If the tenant returns the signed declaration of COVID-19 related nancial hardship to the landlord within 15 business days, then the tenant receives protection against eviction.
The is a provision of the COVID-19 Tenant Relief Act of 2020 (which is part of a larger bill Assembly Bill 3088) and is codied as Code of Civil Procedure Section 1179.01.5. Eective immediately on August 31, 2020, as urgency legislation.
38 The Greater San Diego Association of REALTORS®