Stay informed about California’s Eviction Moratorium and discover the latest update on rent relief, eviction laws, and more. Find out what you need to know about California’s Eviction Moratorium and make sure you’re up-to-date with the latest regulations.
What is an Eviction Moratorium?
An eviction moratorium is a temporary suspension of evictions. It’s typically implemented during times of economic hardship and/or natural disasters, but it can also be used as an emergency measure to protect tenants from being displaced by landlords who want to sell their property.
In California, there are two types of eviction moratoria: one for renters in general (called a “general moratorium”) and one specifically designed for veterans who have been affected by natural disasters (called a “veteran’s exemption”).
What Does the Eviction Moratorium in California Cover?
When you’re facing eviction, the last thing you want to think about is how much it will cost. But if your landlord has filed an unlawful detainer (UD) against you, it’s important to know that there are certain protections in place for tenants. The Eviction Moratorium in California covers all types of evictions except those involving nonpayment of rent or other monetary issues between landlords and tenants.
The moratorium does not cover:
- Tenants who have been served with a 30-day notice to cure or quit due to lease violations;
- Tenants who have been served with a 60-day notice because they failed to pay their rent on time;
- Tenants who have been served with an unconditional quit notice from their landlord indicating that they must vacate their property within 30 days;
How Does the Eviction Moratorium Affect Tenants and Landlords?
The eviction moratorium is designed to help tenants. It gives them more time to find a new place, which can be especially helpful if they’re facing financial difficulties or other challenges that make it difficult for them to move out of their current home.
Landlords may also benefit from the eviction moratorium, since it gives them more time before they have to go through with an eviction process. However, landlords who are not able to collect rent from their tenants may end up losing money as a result of this law because they aren’t able to charge late fees or take legal action against their renters when necessary.
What Resources Are Available to Tenants and Landlords?
The following resources are available to tenants and landlords:
- Rental assistance programs. These programs help low-income families pay their rent, but they may not be able to provide enough money for all of the past-due payments. You can contact your local community action agency or call 211 for more information on these programs.
- Legal aid organizations that provide free legal services to people who cannot afford them (see the “Legal Aid” section below).
- Dispute resolution services such as mediation and arbitration that allow you and your landlord/tenant dispute resolution options outside of court proceedings (see “Dispute Resolution Services” section below).
What Are the Potential Consequences for Tenants and Landlords?
The potential consequences for tenants and landlords if the eviction moratorium is violated are serious.
For example, if a landlord tries to evict a tenant during the moratorium period and fails, they cannot file another eviction lawsuit against that same tenant until December 31st of this year. In addition to being unable to evict their tenant during this period, landlords may also be required by law to pay attorneys’ fees for both sides involved in litigation over an unlawful detainer (eviction). The amount of money awarded as compensation depends on how much time has elapsed between when you were served with notice of termination or nonrenewal and when you filed your case; however, it could range anywhere from $100-$200 per hour for preparation work up through trial if necessary!
Landlords should also keep in mind that even though there are no restrictions on terminating leases under current state law–meaning that they can legally terminate any lease agreement at any time without cause–this doesn’t mean that doing so will always result in positive outcomes!
If an owner decides not renewing leases would be best but then fails before doing so because he/she didn’t realize there was an upcoming moratorium period coming up soon enough…then guess what? Now all those empty units are sitting vacant until December 31st rolls around again next year (and probably longer).
What Are the Potential Solutions to the Eviction Crisis?
There are a few potential solutions to the eviction crisis. One option is rent control, which limits how much landlords can charge tenants for rent and other services.
Another option is rent stabilization, where landlords are limited in their ability to raise the cost of housing over time. Finally, tenant protection laws can help protect renters from unjust evictions by requiring landlords to have just cause for terminating a lease agreement or refusing to renew one.
How Can Tenants and Landlords Prepare for the End of the Moratorium?
As we approach the end of the moratorium, tenants and landlords should take steps to prepare for what comes next.
For tenants:
- Set up payment plans with landlords if you’re struggling to pay your rent. If you can’t afford to make your full monthly payment, ask your landlord if they would consider accepting partial payments instead (e.g., $300/month instead of $500). If this doesn’t work out, try negotiating with them about what kinds of concessions might be available–for example, maybe they’ll agree not to charge late fees or add an extra week’s notice period before filing for eviction if there’s a dispute over rent payments between now and January 1st 2020 when AB 2109 goes into effect again?
- Seek legal advice from an attorney who specializes in tenant rights law if necessary! You may find yourself facing eviction proceedings even though they won’t technically be allowed under AB 2109 anymore; however there are still ways that attorneys can help defend against wrongful evictions by landlords looking for any excuse possible under current California law which allows them broad discretion over who gets kicked out when someone falls behind on their payments.”
What Are the Benefits of the Eviction Moratorium?
The eviction moratorium provides relief to tenants and landlords, preserves affordable housing, and reduces homelessness.
- It helps tenants by giving them more time to find another place to live before being evicted. This can be especially helpful for people who have been unable to find a new place because of high rent prices or low vacancy rates in their area.
- The moratorium also helps landlords because it gives them more time to find someone else willing and able to pay the rent on their property if they decide not want it anymore (for example if they are moving out of state).
What Are the Challenges of the Eviction Moratorium?
The eviction moratorium is a great idea in theory, but it’s not without its challenges. For example:
- Landlords may take advantage of tenants by raising rents or requiring them to pay more for utilities or other services.
- It’s difficult to enforce the law because there are no penalties for landlords who break it and no way of knowing whether they’re doing so unless you live in their building or know someone who does.
- The cost of the moratorium could be passed on to tenants through higher rents and other charges (like increased security deposits).
Conclusion
The eviction moratorium in California has both benefits and challenges. It is important for tenants and landlords to be aware of their rights and responsibilities, as well as prepare for the end of the moratorium.
