This post is also available in: Español
Even though the “eviction moratorium” in California expired on September 30, renters who have suffered economic impacts because of the Covid-19 pandemic still have some protections against eviction. The protections are different depending on when you were unable to pay your rent. There are 3 distinct periods of different protections AND there is still money from the state available to help you pay rent debts. To apply for Emergency Rental Assistance, visit https://housing.ca.gov/covid_rr/index.html
Periods and Protections
March 1, 2020 to August 31, 2020
If you couldn’t pay in the period from March 1, 2020 to August 31, 2020, you cannot be evicted for not paying rent if you submitted a Declaration of Covid-19 Economic Impact to the owner/manager of your home. The owner/manager should have provided a copy of a Declaration each time they demanded payment in writing. You should have submitted a Declaration for each time they demanded payment. If the owner/manager of your home attempts to evict you now for not paying rent in this period, you can still submit a Declaration to the court within five days of receiving the landlord’s summons and complaint (initial eviction paperwork) to avoid eviction.
September 1, 2020 to September 30, 2021
If you couldn’t pay in the period from September 1, 2020 to September 30, 2021, you cannot be evicted for not paying rent if you:
– submitted a Declaration of Covid-19 Economic Impact to the owner/manager of your home AND
– you pay 25% of the total rent due in this period.
The owner/manager should have provided a copy of a Declaration each time they demanded payment in writing. You should have submitted a Declaration for each time they demanded payment. If the owner/manager of your home attempts to evict you now for not paying rent in this period, you can still submit a Declaration to the court within five days of receiving the landlord’s summons and complaint to avoid eviction. You will likely also have to pay the 25% of past due rent.
Overlapping and Continuous Protections until March 30, 2022
What if you can’t pay the 25% or you still can’t pay rent due after September 30, 2021? Well, you cannot be evicted for not paying if you:
– have an open application for state rental assistance or an open appeal on a previously denied application
– the application is for for rent that became due at any time between March 1, 2020 and March 30, 2022,
– and your tenancy started before October 1, 2021.
Additionally, the state has funds available to pay up to three months of rent you are still unable to pay. If there is an open application for state funding to pay your rent, please be aware that you must complete your portion no later than 15 days (excluding weekends and holidays) from the day the property owner completes theirs.
The Declaration of Covid-19 Economic Impact
The Declaration should include the following text:
“I am currently unable to pay my rent or other financial obligations under the lease in full
because of one or more of the following:
1. Loss of income caused by the COVID-19 pandemic.
2. Increased out-of-pocket expenses directly related to performing essential work
during the COVID-19 pandemic.
3. Increased expenses directly related to health impacts of the COVID-19
pandemic.
4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or
sick family member directly related to the COVID-19 pandemic that limit my
ability to earn income.
5. Increased costs for childcare or attending to an elderly, disabled, or sick family
member directly related to the COVID-19 pandemic.
6. Other circumstances related to the COVID-19 pandemic that have reduced my
income or increased my expenses.
Any public assistance, including unemployment insurance, pandemic unemployment
assistance, state disability insurance (SDI), or paid family leave, that I have received
since the start of the COVID-19 pandemic does not fully make up for my loss of income
and/or increased expenses.
Signed under penalty of perjury under the laws of the State of California.
Signature
___________________
Dated
___________________”
Additional protections related to inability to pay rent
Late fees: The property owner/manager cannot collect late fees on rent that was due between March 1, 2020 and September 30, 2021 if the tenant sends the landlord a Declaration of Covid-19 Economic Impact.
Security deposits: Your security deposit cannot be used to pay for rent debt accumulated because of covid-related financial impacts, unless you agree in writing that your property owner/manager can do so.
Collection of rent debt: If you have outstanding rent debt from between 3/1/2020 and 6/30/2021 and cannot get state assistance to pay for it, your property owner/manager can try to collect that from you through a small claims court case. If they win and you still cannot pay, they may be restricted from selling your debt depending on your income during 2020 and 2021.