Stockton Extends Coronavirus/COVID-19 Eviction Moratorium & Expands Tenant Eviction Protections
On Tuesday, June 9, 2020, the Stockton City Council updated its previously enacted Coronavirus/COVID-19 eviction moratorium, which protects Stockton tenants to elderly tenants, disabled tenants, and tenants impacted by the Coronavirus/COVID-19 pandemic. Now, the Stockton Coronavirus/COVID-19 eviction moratorium will remain in effect the sooner of 90 days after the California Governor lifts the Coronavirus/COVID-19 state of emergency, or the Stockton City Council amends the Coronavirus/COVID-19 eviction moratorium.
The Stockton Coronavirus/COVID-19 Eviction Moratorium Protects Stockton Tenants During the Pandemic
As previously written, the Stockton Coronavirus/COVID-19 Eviction Moratorium Ordinance protects tenants who:
- Are over the age of 65;
- Have a compromised immune system, heart disease, diabetes, or other serious and chronic medical condition that affects the respiratory system; or,
- Due to the Coronavirus/COVID-19, and related government emergency measures, have suffered a substantial loss of income and cannot pay rent.
For Stockton tenants to qualify for the Stockton Coronavirus/COVID-19 Eviction Moratorium Ordinance due to Coronavirus/COVID-19 impacts, Stockton tenants must:
- Demonstrate that the Coronavirus/COVID-19 has impacted them;
- Provide, in writing, to their landlord a notice of inability to pay rent due to Coronavirus/COVID-19 impact, with supporting documentation or other proof.
While the Stockton Coronavirus/COVID-19 eviction moratorium remains in effect, Stockton tenants that qualify may defer rent payments, and are protected from eviction arising most terminations of tenancy notices.
Stockton City Council Expands Eviction Protections for Stockton Tenants
The amended Stockton Coronavirus/COVID-19 eviction moratorium expands eviction protections by limiting termination of tenancy notices of protected tenants only to instances where the landlord demonstrates that the termination is related to an imminent threat to the health or safety of other occupants at the rental property. Specifically, the Stockton Coronavirus/COVID-19 eviction moratorium states that Stockton landlords may only evict, “during the term of [the Stockton Coronavirus/COVID-19 eviction moratorium] if there is an imminent threat to the health or safety of the other occupants of the property. If a Landlord cites reasons such as no-cause, no-fault, unauthorized occupants or pets, or nuisance, they are not sufficient to evict [a tenant protected by the Stockton Coronavirus/COVID-19 eviction moratorium].”
Please also note that the landlords may still file eviction actions for property damage. Additionally, landlords can still file non-eviction lawsuits to recover alleged damages.
The Stockton Coronavirus/COVID-19 Eviction Moratorium Bans Late Fees
The Stockton Coronavirus/COVID-19 eviction moratorium prohibits landlords from imposing late fees on rent lawfully deferred under the Stockton Coronavirus/COVID-19 eviction moratorium.
Stockton Tenants Have Six Months Following the Expiration of the Coronavirus/COVID-19 State of Emergency to Pay Deferred Rent
Stockton tenants now have six months to pay deferred rent following the expiration of the Coronavirus/COVID-19 local state of emergency.
Stockton joins numerous other California cities that have, or will soon pass, Coronavirus/COVID-19 eviction moratoriums, including San Francisco, Oakland, Berkeley, San Jose, Santa Monica, Culver City, Sacramento, San Diego, Alameda, Burbank, Pasadena, Vallejo, Inglewood, Glendale, El Monte, South Pasadena, Richmond, Emeryville, Ojai, Palo Alto, Clearlake, Palm Springs, Goleta, Santa Ana, San Louis Obispo County, West Sacramento, Watsonville, Woodland, Anaheim, Beverly Hills, Benicia, Camarillo, San Leandro, Union City, Concord, Albany, and Los Angeles.
If you are a Stockton tenant with questions about your rights under the amended Stockton Coronavirus/COVID-19 eviction moratorium or have questions about California Rent Control (AB 1482), contact Astanehe Law to speak with a tenant attorney.
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