On January 28, 2021, the California Legislature extended the California Coronavirus/COVID-19 Pandemic Eviction Moratorium, which protects California tenants statewide from eviction based on nonpayment of rent due to COVID-19 impacts.  Now, California tenants remain protected until June 30, 2021. Additionally, California will implement a statewide rental assistance program to keep California tenants housed.

California Coronavirus/COVID-19 Pandemic Eviction Moratorium Extended Until June 30, 2021

With the passage of SB91, the California Coronavirus/COVID-19 Eviction Moratorium, and AB3088’s framework, is extended until June 30, 2021.  Qualifying California tenants that defer rent due to COVID-19 due to financial hardship remain protected from eviction.  Now, California tenants must pay – as 25% monthly payments or a single lump-sum payment – at least 25% of rent deferred during the COVID-19 pandemic on or before June 30, 2021.  Please note that it is not clear whether this extension obviates the need for California tenants to pay 25% of rent deferred between September 2020 and January 2021 by January 31, 2021.  Astanehe Law continues monitoring the situation and will update this page accordingly.

California tenants must still respond to the required declaration within fifteen days if requested by their landlord.

To the extent they conflict with the California Coronavirus/COVID-19 Eviction Moratorium, local ordinances, including much of the recently passed West Hollywood Coronavirus/COVID-19 Pandemic Eviction Moratorium, are preempted.

New Protections for California Tenants During the Coronavirus/COVID-19 Pandemic

The California Coronavirus/COVID-19 Pandemic Eviction Moratorium also includes several new key protections for California tenants, including:

  • Prohibits landlords from charging California tenants late fees for deferring rent under the California Coronavirus/COVID-19 Pandemic Eviction Moratorium;
  • The California Coronavirus/COVID-19 Pandemic Eviction Moratorium also contains a new rental assistance program for California tenants in need;
  • Prohibits landlords from increasing fees charged to California Tenants for services previously provided without charge (ex. Charging for parking that was previously included without charge as part of the California tenant’s lease agreement);
  • Landlords cannot apply security deposits to satisfy alleged Coronavirus/COVID-19 pandemic rental debt;
  • Landlords, property managers, and tenant screening companies cannot use alleged rental debt related to Coronavirus/COVID-19 pandemic as a negative factor when screening prospective California tenants or refuse to lease to an otherwise qualified prospective California tenant; and,
  • Landlords may not apply a current rent payment retroactively to back rent.

California Tenants Cannot Be Sued in Small Claims Court for Alleged Coronavirus/COVID-19 Pandemic Rental Debt Until August 1, 2021

Although landlords may still recover alleged Coronavirus/COVID-19 pandemic rental debt in small claims court, they may not file in court until August 1, 2021.

Click here to read the unabridged California Coronavirus/COVID-19 Pandemic Eviction Moratorium bill text.