AB 3088 – COVID-19 Tenant Relief Act of 2020 (Signed By Governor August 31, 2020) Important Changes
Evictions under the COVID-19 Tenant Relief Act:
- Evictions for everything other than non-payment of rent can resume September 2, 2020.
- Tenants that do not comply and provide the necessary declaration within 15 days can be evicted after October 5, 2020.
- Landlords must provide notice by September 30, 2020 to renters that have not paid during the covered period in at least 12-point font of the rights under this new act.
- Landlords cannot serve notices for non-payment of rent until after the notice referenced in the first bullet point is given, can be given at the same time.
- Change to Notice Requirements:
- Tenant has 15 days instead of 3 (not including weekends or holidays) to provide tenant additional time to either pay or provide declaration of hardship in response to landlord’s notice to pay or quit and pays 25% of the missed rental payments by January 31, 2021.
- Blank Declaration needs to be sent with the Notice
- Notices served must contain specific language. Civil Code 1179.03
- Additional Supplemental Cover Sheet must be filed with the Court indicating whether the action is based on non-payment rent or not.
- The Court cannot issue a summons on a non-payment of rent case until after October 5, 2020.
- High-income tenant requirements – a landlord may require a high-income tenant that is served with a notice to pay or quit to submit, in addition to and together with the COVID-19 Declaration, documentation supporting the claim that the tenant has suffered COVID-19 related financial distress. Only applicable if landlord includes the required language to the notice. If high-earning tenant does not comply he is not afforded the protections of the act.
- Defines COVID-19 Rental debt as unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during the covered time period of March 1, 2020 and January 31, 2021.
- Pleading requirements in unlawful detainer complaints changed.
- Puts limitations on local eviction moratoriums.
- If tenant complies with the requirements for rent between March 1, 2020 – January 31, 2021 it is not a basis for eviction – must be collected as a consumer debt and can be brought after March 1, 2021.
COVID-19 Small Landlord and Homeowner Relief Act
- Extends the Homeowner’s Bill of Rights anti-foreclosure protections to small landlords (1-4 units, non-owner occupied) if tenant moved in before March 4, and tenant fails to pay the rent due to loss of income.
Changes to Tenant Protections Act 2019
- Section added to explain the Consumer Price Index and percentage of change in the cost of living for purposes of rental increases.
If you need assistance navigating these changes or have any other landlord/tenant or real estate law questions, be sure to contact Eileen Kendall of Kendall Law at (310) 619-4941.