Under the newly created Tenant Relief Act (AB 3088):
- A tenant cannot be evicted for nonpayment of rent that became due between March 1, 2020 and August 31, 2020 if the tenant returns a declaration of COVID-19-related financial distress to the landlord.
- A tenant cannot be evicted for nonpayment of rent that became due between September 1, 2020 and January 31, 2021 if the tenant returns declarations of COVID-19-related financial distress to your landlord and pays 25 percent of that rent by January 31, 2021. A declaration must be provided for every month that the tenant cannot pay due to effects of COVID-19.
- Local jurisdictions rules regarding emergency eviction moratoriums, other than non-payment of rent, remain in effect until September 30, 2020. Local rules regarding repayment of COVID-19 rent cannot be extended beyond March 1, 2021.
- If the tenant complies with this act, an eviction action cannot be brought. Rent, however, is not forgiven and a civil action for rent can be brought commencing March 1, 2021.
- A 15-Day Notice to Pay Rent or Quit must be served for any rent due from March 1, 2020 through January 31, 2021. Any previously served 3-day notices are void. The notice must have an attached information sheet informing the tenants of their rights and a declaration form that the tenant can fill out. This declaration needs to be served on the landlord to comply with this section.
- If the tenant does not return the declaration within the 15-day period, an eviction may be filed. The tenant can still, thereafter, file with the court this declaration. If the court finds that the tenant’s failure to timely serve the declaration was a result of mistake, inadvertence, surprise or excusable neglect the action may be dismissed.
- All tenants are protected from no-fault evictions through February 28, 2021 with the exception of the sale of a house or condominium where the buyer intends to occupy the unit.
Dennis Block, of Dennis P. Block & Associates can be reached for information on landlord/tenant law or evictions at any of the following offices: Los Angeles: 323.938.2868, Encino: 818.986.3147, Inglewood: 310.673.2996, Long Beach: 310.434.5000, Ventura: 805.653.7264, Pasadena: 626.798.1014, Orange: 714.634.8232, San Diego: 619.481.5423 or by visiting www.evict123.com. Now, you can also read Dennis Block on Twitter, www.twitter.com/dennisblock or text him at (818) 570-1557. “Landlord Tenant Radio Weekly Podcasts can be heard at any time at www.EVICT123.com or download the app “EVICT123”.
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