When it does, and eventually it will a tidal wave of unlawful detainer cases will flood courthouse doors. Governmental safeguards were slated for removal on February 1st, 2021, but the tides shifted when President Biden entered office. Biden lengthened the moratorium on a federal level until March 31st, 2021. Then shortly after, California Governor Newsom pushed eviction protections further through the end of June 2021.
Last summer, the moratorium was lengthened as the pandemic continued to blast the country. This was modified from the original protections which kept tenants’ heads above water with no rental payment obligations. Presently, in California 90,000 households are behind on rent. With laws and requirements changing constantly and our nation’s economy in troubled waters, legal professionals are feeling swamped and the storm has not even hit.
The original moratorium was from March 1st, 2020 to August 31st, 2020. Back then, if a tenant was given a “Pay or Quit Notice” all they had to do was return a Declaration of COVID-19 Related Financial Distress within 15 business days. At the time of service, landlords were also required to provide information about tenant rights and obligations. Signed and returned declarations prevented the eviction process from continuing. The first moratorium extension occurred in September 2020. The added stipulation being that 25% of current and past due rent payments were required to keep governmental protections.
Most of us can agree, providing shelter for Americans struggling because of an unforeseen epidemic is vital, but what about mom-and-pop landlords who rely on rental income? They are hurting financially too. My suggestion for property owners who are not receiving rental payments is to file an unlawful detainer (if the criteria above is met) and a small claims case simultaneously. Even though tenants are protected by the moratorium, they are still financially responsible. Rent is still owed, and landlords can sue in small claims court starting March 1st, 2021. It is important to keep in mind, that landlords who do not follow required court processes can be fined up to 2,500 dollars until June 30th, 2021 in the state of California.
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