Below are Links to the text of the New Laws:
California Executive Order N-28-20 & Executive Order N-37-20
Effective dates: March 12, 2020 to May 31, 2020
Please Note: The following applies to properties that are incorporated in the county of San Diego, but have NOT passed a local ordinance implementing an eviction moratorium. If an Incorporated City in San Diego county has passed a local ordinance, then the ordinance and the below will apply:
Executive Order N-37-20 extends the deadline for a residential tenant to respond to a summons and complaint for unlawful detainer for a period of 60 days, if the tenant can meet certain requirements. These requirements include the following:
- The tenant notifies the landlord in writing before the rent is due, or within a reasonable period of time afterwards not to exceed 7 days, that the tenant needs to delay all or some payment of rent because of an inability to pay the full amount due to reasons related to COVID-19.
- The reasons related to COVID-19 include: i) the tenant cannot work because the tenant or a family member is sick with a confirmed or suspected case of COVID-19; (ii) the tenant experienced a lay-off, loss of hours, or other income reduction resulting from COVID-19, the state of emergency, or related government response; or (iii) The tenant needed to miss work to care for a child whose school was closed in response to COVID-19.
- The tenant provides verifiable documentation to support the tenant’s assertion of an inability to pay no later than the time upon payment of back-due rent (Executive Order N-37-20 does not say when the rent is due).
- The documentation includes termination notices, payroll checks, pay stubs, bank statements, medical bills, or signed letters or statements from an employer or supervisor explaining the tenant’s changed financial circumstances.
If the Tenant completes 1 and 2 above, then the Landlord may serve notice to evict the tenant. However, the Tenant will have 65 days to respond to an eviction and no lockout will be performed while the Executive Order is in effect.
Additionally, the Courts are currently closed and are not accepting any filings (the Courts are tentatively set to reopen May 1, 2020, but this date is subject to change). When the courts reopen, then Landlords may evict tenants who are not protected by these New Laws.
Please Note: The New Laws are vague and conflict in certain areas. The above is our opinion on how the New Laws would be interpreted by a court of law. If you have specific questions on how the New Laws may impact your tenants, please feel free to contact our office. We strongly advise you to contact our office prior to serving any notice to pay rent on your tenants.
Simone & Associates