We've been getting a lot of questions this month about the new eviction protection laws just passed by the CDC and in California so we wanted to to communicate the latest information. On August 31, 2020, our California state legislature and Governor 新闻om took action by 标志ing the COVID-19租户救济法案(AB 3088) 成为法律.The purpose of this blog post is provide a summary overview of the new law and its eviction protecton aspects as it pertains to 圣地亚哥 Property 十大赌博信誉网站. 信息披露, we are not attorneys and are providing this post as our opinion and only our understanding of the new law. 如果你发现自己在任何适用的情况下，请咨询你的律师.
AB 3088 continues protection for residential tenants with a financial hardship related to COVID-19 from being evicted until 2021 under certain circumstances. AB 3088 limits a landlord’s ability to evict a tenant for non-payment of rent due from March 1, 2020年1月31日, 如果租户经历了与COVID-19相关的财务困难，2021年. There is a difference between how a landlord would treat rent that accrued from March 1, 2020年8月31日, 2020, (“受保护期限”)和自9月1日起的租金, 2020年1月31日, 2021年(“过渡期”). Even the statutory notice that needs to be served for each time period is different. Only a resident who returns a 标志ed declaration after a pay or quit notice is served is protected. A landlord is able to evict residents who fail to return a 标志ed declaration as of October 5, 2020.
The landlord must serve a tenant who owes then rent during the protected time period a 15-Day Notice (15 court days) to Pay or Quit, 哪一项列出了逾期租金的确切数额. The notice must include specific language and provide as an attachment a specific declaration form to fill out, 标志, 回到房东那里去. 申报是提供给房东的, 因作伪证而受到处罚, 如果租户经历了COVID-19的经济困难，他们的声明. 租客有十五天的时间交回通知书, 在这段时间里, 如果收到了, 无法向租客提出驱逐令. The new law provides for the rent to be reclassified as “consumer debt” with the landlord's recourse being to file a small claims action against the tenant as of March 1, 2021.
过渡期- 2020年9月1日至2021年1月31日到期租金: In the event a tenant should miss their rent payment moving forward and rent accrues from September 1, 2020年1月31日, 2021, 我们将被要求提供一个15天的通知(15个法庭日)支付或退出. The notice must include specific statutory language and a declaration form to be completed and 标志ed by tenant 因作伪证而受到处罚 which states the tenant has experienced a financial hardship related to COVID-19. The 15-day notice must also set forth the amount of rent demanded and the date each amount became due. 承租人将有15天的时间归还通知.
- 租客须支付25%的租金: residents are protected from eviction under AB 3088 as long as they (1) return the required declaration regarding a COVID-19 financial hardship and (2) pay at least 25% of the rent for each month. 25%的租金不需要在每月到期时支付. 租户可以在1月31日支付全额, 2021, 为了避免在2月1日被驱逐, 2021.
- 剩余75%的租金: If the tenant provides the 标志ed declaration and pays at least 25% of the unpaid rent from the transition period by January 31, 2021, the landlord will not be able to file an eviction against the tenant to collect the remaining balance. Instead the remaining 75% of the rent which has accrued during the transition time period would become consumer debt, and the landlord can file a small claims action against the tenant as of March 1, 2021.
当地条例: 请记住，ab3088并不取代当地法规. 如果地方法令从19日开始生效, 2020, 在该日期生效的条例条款将继续有效, 包括该条例于该日届满. 8月19日后作出的任何修订或延期, 2020, 要到2月1日才生效, 2021. So, the city of 圣地亚哥, as an example, extended their citywide eviction moratorium on June 30th. 然而，圣地亚哥的禁令将于2020年9月30日到期. 也, a repayment period (if any) included in a local ordinance must allow for rent repayment to commence no later than March 1, 2021, 而且还款期限不能超过3月31日, 2022.
美国疾病控制与预防中心驱逐禁令: You may have also heard that the CDC released a nationwide eviction moratorium of their own which takes effect today, 9月4日, 2020. 目前尚不清楚这将对ab3088产生何种影响. There is language in the CDC moratorium which states that it will not apply in states or local jurisdictions that have already enacted “equal or greater” eviction protections. Governor 新闻om has publicly taken the position that the CDC eviction moratorium does not apply in California because the state and local restrictions already in place are more far reaching. Although having a statement to that effect from the governor provides landlords with some level of assurance, 法官是否会在所有案件中采取同样的立场还有待观察.
无力付款证明: 我们的许多租户都属于高净值个人. 这类租户(年收入超过100美元的租户),000 annually) who have previously provided income verification to us for screening purposes would need to provide proof of their damage from COVID-19 beyond the declaration.
讨厌的租户: There is nothing in the new law that allows us to proceed with 3-day notices to evict tenants who are nuisances or otherwise breaching their lease for any reason that is not related to the failure to pay money (rent or other charges).
没有错拆迁: 无过错拆迁, such as those resulting from tenants refusing to vacate following a notice to terminate at the conclusion of their lease, 可能要到2月1日才能提交, 2021.
北县地产集团 is staying up to date on all of the legal nuances pertaining to 圣地亚哥 Property 十大赌博信誉网站 and will post periodic updates as the laws are updated and change. 这就是你雇物业经理的原因!
Sources and content credit includes CAA’s Industry Insight – AB 3088 – The COVID-19租户救济法案 of 2020.