On June 28, 2021, Governor Newsom signed legislation to extend the California eviction moratorium through September 30, 2021. As part of California’s COVID-19 relief plan, money has been set aside to help qualifying tenants who have fallen behind on rent or utility payments. Under AB 832, California will significantly increase cash assistance to qualifying low-income tenants and small landlords under the state’s $5.2 billion rent relief program. AB 832 increases reimbursement to 100% for both rent that is past due and prospective payments for both tenants and landlords.
Under AB 832, Landlords can continue to issue 15 Day Notices to Pay or Quit to those Tenants that fail to pay rent when due. However, if a Tenant serves a Landlord with a Declaration of COVID-19 related financial distress before the 15 Day Notice period expires, then the Landlord cannot proceed with an Unlawful Detainer Action (eviction) and the Tenant will have until September 30, 2021 to pay at least 25% of the rent owed from September 1, 2020 through September 30, 2021. Landlords can begin the eviction process beginning October 1, 2021 if the Tenant fails to pay 25% of the past due rent for the period of September 1, 2020 through September 30, 2021.
Borton Petrini, LLP has experienced attorneys throughout California that can advise and represent you to initiate a unlawful detainer action. To find out more, contact the Borton Petrini, LLP office nearest you.
Claudia Aceves is a Partner at Borton Petrini, LLP. She is located primarily in the Modesto office, and has a wide range of practice areas including unlawful detainers, insurance defense and employment litigation cases.
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.