Below are Links to the text of the New Laws:
California Executive Order N-28-20 & Executive Order N-37-20
San Diego County Resolution Dated March 24, 2020
Effective dates: March 12, 2020 to May 31, 2020
- A Residential or Commercial Tenant does not have to pay rent if the Tenant gives the Landlord written notice that the Tenant is unable to pay rent due to a financial impact related to COVID-19.
- “Financial Impact” includes business closure, loss of work hours, loss work, substantial out-of-pocket medical expenses, taking care of family member who is sick with COVID-19, tenant has COVID-19, missed work because taking care of child due to school closure or complying with local, state, federal authorities.
- The Tenant must provide the notice by the 16th day after the rent is due.
- Written notice must be given and delivered in the manner required by the lease or rental agreement. If you have an oral agreement, the Tenant may give notice personally, by mail, or email.
- If a Tenant properly notifies the Landlord as stated in paragraph 1 above, then the Tenant has 2 weeks from the date the Tenant gave the notice to provide verifiable documentation of the Financial Impact that the tenant or his/her household has suffered. If Tenant does so, then Landlord cannot charge a late fee, serve notice, start an eviction or take any action to evict the tenant.
If the Tenant completes 1 and 2 above, then the rent is still owed to the Landlord, however, Tenant shall have 3 months from June 1, 2020 to pay the back rent that is owed. If the Tenant is remains unable to pay the rent by September 1, 2020, then the Tenant may provide additional notice and documentation, as required by paragraphs 1 and 2 above, to receive a one month extension.
If the Tenant fails to pay back all the rent by September 1, 2020 (October 1st if the Tenant provides the additional notice), then the Landlord may serve notice and evict the tenant. However, the tenant will have 65 days to respond to the eviction.
If the Tenant does not do 1 & 2 above, then the Landlord may give notice to evict the Tenant. However, the Courts are currently closed and are not accepting any filings (the Courts are currently set to reopen April 3, 2020, but this date may be pushed back). 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