California Extends the Eviction Moratorium to September 30, 2021
Prediction – There will be no further extensions!
On June 28, 2021 California adopted Assembly Bill 832 which extended the Tenant Relief Act through September 30, 2021. Under this new bill the State extended the deadline in which tenant are required to pay 25% of the rent for the period of September 1, 2020 through September 30, 2021.
Here is how it works. A landlord must serve a 15-day notice to pay rent or quit which includes those months. The notice must be served with the additional applicable forms, all of which are available from the Apartment Owners Association website. If the tenant signs and returns the Declaration of Financial Hardship, the tenant will have through September 30, 2021 to pay 25% of the rent owed for that period.
If the tenant fails to pay the rent in full, or fails to sign the declaration, an eviction action may be brought forth immediately.
If the tenant returns the declaration, the tenant must pay 25% of the rent by September 30, 2021. If the tenant fails to pay this portion of the rent owed, the landlord is required to perform another step, PRIOR to filing of the unlawful detainer.
Under AB 832 the landlord is required to apply for the Rent Relief Program. Under this program landlords may be reimbursed 100% of all delinquent rent for the period of March 1, 2020 through September 30, 2021. The tenant will be invited to participate in this program. It should be noted that if you already applied for the original Rent Relief Program and received 80% of the rent owed, you do not have to reapply. The remaining payment will be processed automatically.
The landlords will only be able to bring forth an unlawful detainer action if there is a denial of the Rent Relief Program of if 20 days have passed from the date of the submission of the application and no decision has been made.
At that point, the unlawful detainer action may be filed. In addition, the tenant will owe the rent for October, 2021 and a standard 3 Day Notice to Pay Rent or Quit can be served for that month. If you are not reimbursed by the State through the Rent Relief Program, then the tenant will still owe the rent.
For rent owed for the period of March 1, 2020 through August 31, 2020, and for 75% of the rent owed from September 1, 2020 through September 30, 2021, that outstanding balance is converted to a civil debt. The landlord can bring forth a civil lawsuit, or a small claims court action, as of November 1, 2021.
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”.