CA Statewide Moratorium on Evictions (March 27, 2020)
Governor Gavin Newsom issued an executive order banning the enforcement of eviction orders for renters affected by COVID-19 through May 31, 2020. The order prohibits landlords from evicting tenants for nonpayment of rent and prohibits enforcement of evictions by law enforcement or courts. It also requires tenants to declare in writing, no more than seven days after the rent comes due, that the tenant cannot pay all or part of their rent due to COVID-19.
The tenant would be required to retain documentation but not required to submit it to the landlord in advance. And the tenant would remain obligated to repay full rent in a timely manner and could still face eviction after the enforcement moratorium is lifted. The provides immediate relief to tenants for whom rent is due on April 1st.
A copy of the Governor’s executive order can be found here and the text of the order can also be found here.
City of Agoura Hills Eviction Moratorium
On June 24th, 2020, City Council passed a resolution extending the temporary moratorium on eviction for non-payment of rent by residential or commercial tenants impacted by COVID-19 in the City of Agoura Hills through the end of July. The full resolution can be viewed here.
As part of the City's Executive Order 2020-01 (March 20, 2020) the following is in place:
Temporary Moratorium on Evictions. Until the period of local emergency declared in response to COVID-19 concludes, or until July 31, 2020, whichever date is sooner, a temporary moratorium on eviction for non-payment of rent by residential or commercial tenants impacted by the COVID-19 crisis is imposed in the City of Agoura Hills as follows:
A. No landlord shall evict or attempt to evict a residential or commercial tenant if both of the following criteria are satisfied:
1) The basis for the eviction is nonpayment of rent, or a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of-pocket medical expenses; and
2) The decrease in household or business income or the out-of-pocket medical expenses described in subparagraph 1) was caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19, and is documented.
- A landlord who knows that a tenant cannot pay some or all of the rent temporarily for the reasons set forth above shall not serve a notice pursuant to Code of Civil Procedure section 1161(2), file or prosecute an unlawful detainer action based on a 3-day pay or quit notice, or otherwise seek to evict for nonpayment of rent. A tenant will need to provide their landlord, within 30 days after the date that rent is due, in writing of lost income and inability to pay full rent due to substantial financial impacts related to COVID-19, and provide documentation to support the claim. For purposes of this Executive Order, "in writing" includes e-mail or text communications to a landlord or the landlord's representative with whom the tenant has previously corresponded by e-mail or text.
- This does NOT relieve the tenant's liability for the unpaid rent, which the landlord may seek after termination of the COVID-19 local emergency and the tenant must pay within six months of the termination of the COVID-19 local emergency. A landlord may not charge or collect a late fee for rent that is delayed for the reasons stated in the City's Executive Order; nor may a landlord seek through the eviction process rent that is delayed for the reasons stated in the Executive Order.
A copy of the full Executive Order can be viewed here.