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Forms are usually a member benefit.  However, in light of the current crisis, and all of the additional burden landlords are having to face to continue housing tenants, even without payment of rent, AOA has made these COVID-19 forms FREE to all landlords.

AB 3088 Forms and When to Use Them

Click on the section title to access the forms

COVID-19 TENANT RELIEF ACT of 2020 NOTICE

Per Civil Code 1179.04(a), landlords MUST serve this notice by September 30, 2020 to your tenants who are missing some or all of their rent from March 1, 2020 to August 31, 2020. If you fail to provide this notice by September 30, 2020 to your tenants owing you money during the protected time period, you may not be able to evict your tenant and/or recover rent payments that are owed.

Furthermore, per Civil Code 1179.04(c), a landlord may not serve a 15 Day Notice to Pay Rent without serving this notice first. (Suggest at least one day before).

15-DAY NOTICE TO PAY RENT OR MOVE OUT FOR MARCH 1, 2020 TO AUGUST 31, 2020

March 1, 2020 to August 31, 2020 is considered the “protected time period“. If your tenant is missing some or all of the rental payment from this time period, serve them this specific 15 Day Notice to Pay Rent or Move Out, as it has the required disclaimer you have to provide, per Civil Code 1179.03(b)(4).

The tenant’s options are to:

  1. Pay the amount due to avoid eviction.
  2. Move out and return possession to you to avoid eviction.
  3. Return the Declaration of COVID-19 Related Financial Distress form, signed under penalty of perjury. If they return this, they do not have to pay the rent, and you may not evict for non-payment of rent from March 1, 2020 to August 31, 2020. (If they owe rent from before this time period, call your eviction attorney to see what you can do with your situation.)

In addition to serving them the 15 Day Notice to Pay Rent or Move Out, you must also include the following:

*For your convenience, AOA has included the Declaration with the 15 Day Notice to Pay Rent or Move Out.

15-DAY NOTICE TO PAY RENT OR MOVE OUT FOR SEPTEMBER 1, 2020 TO JANUARY 31, 2021

September 1, 2020 to January 31, 2021 is considered the “transition time period“. If your tenant is missing some or all of the rental payment during this time period, serve them this specific 15 Day Notice to Pay Rent or Move Out, as it has the required disclaimer you have to provide, per Civil Code 1179.03(c)(4).

The tenant’s options are to:

  1. Pay the amount due to avoid eviction.
  2. Move out and return possession to you to avoid eviction.
  3. Return the Declaration of COVID-19 Related Financial Distress form, signed under penalty of perjury and pay at least 25% of their rent due for that month.
    1. Keep in mind, they have until January 31, 2021 to pay the 25% of all rents owed between September 1, 2020 to January 31, 2021.

In addition to serving them the 15 Day Notice to Pay Rent or Move Out, you must also include the following:

*For your convenience, AOA has included the Declaration with the 15 Day Notice to Pay Rent or Move Out.

DECLARATION OF COVID-19 RELATED FINANCIAL DISTRESS

Per Civil Code 1179.02(d), landlords are required to provide their non-paying tenants blank copies of the Declaration of COVID-19 Related Financial Distress form with the 15 Day Notice to Pay Rent or Move Out for the tenant to sign under penalty of perjury, and they must return it to the landlord within 15 days to continue eviction protections.

For your convenience, AOA has included this form with the 15 Day Notice to Pay Rent or Move Out. It is also available to download directly, for your convenience, if you need additional copies.

HIGH INCOME HOUSEHOLD NOTICE

Per Civil Code 1179.05.5(d), if your tenant’s household income is at least 130% of the median income in the county where the property is located, you must serve them this notice to inform them of their obligation to provide documentation supporting their claim of COVID-19 financial distress.

FIND YOUR COUNTY’S MEDIAN HOUSEHOLD INCOME

CA Department of Real Estate AB 3088 Forms 

While AOA has worked tirelessly to provide you with the forms required by AB 3088, we want to make sure you have the link to the California Department of Real Estate list of forms. Their forms are basic – AOA’s forms are more extensive. However, they do provide copies in the following languages: English, Chinese, Korean, Spanish, Tagalog, and Vietnamese. If your tenant’s lease was negotiated in a different language other than English, a version in that language must be provided.


HUD Suggested CDC Fact Sheet to Distribute | What you should know about COVID-19 to protect yourself and others

5/22/20 PASADENA REQUIRED NOTICE TO TENANTS | This written notice must be provided within 30 days of the ordinance to each rental unit or the landlord may conspicuously post and prominently display this written notice in the common areas of the property during the local emergency. Don’t delay – take action today!

*5/8/20 LOS ANGELES UPDATED FORM | COVID-19 Renter Protections Fact Sheet | The COVID-19 Renter Protections Fact Sheet (Protections Notice) is required to be given to each residential tenant by the landlord per Ordinance 186606. The Protections Notice must be given to tenants by May 27, 2020. Additionally, effective May 12, 2020, a landlord must also include the Protections Notice when serving a tenant a notice to pay rent or quit, a notice to terminate a residential tenancy, a notice to perform covenant or quit, or any eviction notice served during the local emergency period and for 12 months after the expiration of the local emergency period. The Protections Notice must be in the language predominately used by the tenant. [RENTAL PROTECTIONS PAGE] [TEMPORARY PROTECTION OF TENANTS DURING COVID-19 PANDEMIC (pdf)]

5/1/20 NOTICE OF MISSED RENTAL PAYMENT |  You may print this document directly or “copy & paste” onto your own letterhead to make edits.  Notice with breakdown of unpaid amounts.  Makes it clear, per current eviction ban, that it is not a notice to quit.  However, it reminds the tenants the rents are not forgiven.  Has suggestion to email the governor to ask for Rental Vouchers.

4/9/20 UPDATED Letter to Tenants About Unpaid Rent |  Send to your tenants to open up the line of communication regarding upcoming rent payments.  You may print this document directly or “copy & paste” onto your own letterhead to make edits.  If your property is in the city of Los Angeles, please see below for additional Los Angeles specific form.

*4/9/20 REQUIRED SANTA MONICA FORM | Beginning April 24, 2020, landlords must provide tenants with notice of the eviction moratorium as follows:

  • Landlords must either post notice at their property or mail (or email) notice to tenants;
  • Landlords must include notice of the moratorium when serving tenants with any notice to pay rent or quit, or other notices given to tenants as part of an eviction process;
  • Landlords must provide tenants with notice of the moratorium in the event that they file an unlawful detainer action in court;
    The required notice language is provided in the moratorium.

3/31/20 REQUIRED LOS ANGELES FORM | Notice of Temporary Relief for Qualified Renters in Los Angeles:  Landlords of LARSO (rent control) buildings are REQUIRED to give written notice of the eviction protections to tenants within 30 days of March 31, 2020.

3/30/20 Payment Plan for Past Due Rent |  Use this agreement to solidify your payment plans with your tenants.  REMINDER:  State/local moratorium supersedes any payment agreements. Payment agreements are entered in “good faith” between landlord and tenant, but may not be enforceable until after such time indicated by state/local moratorium.

3/24/20 REQUIRED REDWOOD CITY FORM | Before taking any action to evict a tenant for non-payment of rent or no-fault terminations, landlords must notify their tenants of the emergency regulation using this form.

3/19/20 Sample Coronavirus (COVID-19) Memo to Tenants |   General letter to send to tenants – includes toilet stoppage reminder.

 

* also listed on AOA Landlord’s Resource: Coronavirus (COVID-19) AOA page