New COVID-19 Evictions Moratorium – Frequently Asked Questions…
- Is a landlord allowed to give a tenant a notice saying that the tenant owes rent?
- Yes. Under the new law, a landlord is allowed to tell the tenant how much rent the tenant owes. But the landlord is not allowed to say that the landlord intends to evict for nonpayment of the rent that’s owed until after March 31, 2021.
- Are a landlord and a tenant allowed to work out a payment plan to cover back rent?
- Yes. A landlord and a tenant can come to an agreed repayment plan, but a tenant is not required to enter into any kind of payment plan. A tenant is only required to tell the landlord that they plan on paying back rent during the six-month grace period, and to pay back all of the rent that’s owed on or before March 31, 2021.
- Can a landlord evict a tenant for nonpayment after October 1, 2020?
- Yes, but only for rent that is due for October or later. If a tenant doesn’t pay October rent(or November, December, etc.) the landlord is allowed to give a notice of termination for nonpayment and, if the tenant doesn’t pay, the landlord can file for eviction. But a landlord cannot give a notice of termination or file for eviction based on rent that came due between April and September of 2020.
- What if the first year of my tenancy was up during the eviction moratorium? Is a landlord allowed to give a no-cause termination notice?
- No, if you are a manufactured housing park or floating home marina tenant (in a park or marina with 4 or more houses), your landlord cannot issue you a no-cause termination. For all other tenancies: Yes. If the first year of your tenancy ends (or ended) between April 1 and September 30, a landlord is allowed to give a no-cause notice of termination by October 30, 2020. If you and everyone else in your household had already lived in your place for a year before April 1, 2020, then the landlord is not allowed to give a no-cause termination unless the landlord has sold the place to someone who plans to move in, the landlord lives on the same property in a duplex or ADU (or you live on the same property as the landlord in a duplex or ADU), or the landlord plans to demolish or remodel the property.
- Can a landlord give me a notice of termination for cause, or file for eviction based on a notice for cause?
- Yes. The new law only covers evictions for nonpayment of rent or no cause terminations. A landlord is still allowed to give a tenant a notice based on a violation of the rental agreement.
- What should I do if the landlord violates the new law?
(Source: Courtesy of our friends at Legal Aid)
A link to the source of this article at Legal Aid can be found here.
The HB 4213 materials are available in Spanish here.