On May 4, 2021, the San Diego Board of Supervisors exercised their police powers and enacted a new moratorium to prohibit certain residential evictions.
Pursuant to the current state law, tenants throughout the State of California cannot be evicted for nonpayment of rent related to COVID-19 at least until June 30, 2021, this includes unpaid rent that was due between March 1, 2020, and June 30, 2021.
Assuming the current law, SB 91, is not extended, landlords may resume evictions starting July 1, 2021. However, San Diego’s new moratorium will be effective on July 1, 2021 and shall be effective until 60 days after the Governor lifts all COVID-19 related stay at home and work at home orders.
Landlords under the new law can no longer evict tenants for “just cause” reasons, such as lease violations, and can only be removed if tenants are in “imminent health or safety threat.” Landlords are prohibited from serving notices of termination or filing any type of action that seeks possession of residential property.
It also prohibits a homeowner from moving back into their property or evicting a tenant in order to comply with a government agency’s order, both of which are currently allowed by state law.
Even more alarming is that the moratorium contains a broad definition of a tenant which includes a subtenant, sublessee (of any level), or “any other person entitled to use or occupancy of residential property.”
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”.