Q: Can My landlord throw me out if I can’t the pay rent?

A: Not after March 27th, 2020 if all three of the following apply:

    1.  Your rent is paid up until that date.
    2.  You notify the landlord in writing within 7 days of your inability to pay the full amount of the rent due.  Valid excuses include, but are not limited to the following:

(a) you are unavailable to work because you or a household member had a suspected or confirmed case of COVID-19;

(b) you suffered a lay-off or loss of hours or other income reduction resulting from COVID-19, the state of emergency or related government actions; or

(c) you had to miss work to care for a child whose school was closed in response to COVID-19; and

  1. You keep documentation such as termination or lay-off notices, payroll checks, pay stubs, bank statements, medical bills, or letters or statements from your employer/supervisor explaining the changed financial conditions.

However, the landlord can start eviction proceedings you just don’t have to file an answer to the complaint until after May 31,2020.

 

Calvin Stead

 

 

Cal Stead is a Partner in the Bakersfield office of Borton Petrini, LLP.

 

 

 

Legal Disclaimer: Please be informed that legislation and laws are rapidly developing in response to the COVID-19 pandemic.  Therefore, the legal analysis that is being provided is based on the analysis of the current legislation and current agency guidance, as it stands at this moment.  Additional legislation and/or changes to current legislation may impact the information being given herein.  This article is designed for general information only. The information presented should not be construed to be formal legal advice, nor the formation of a lawyer/client relationship.