The State of California recently passed AB 832, which extends eviction protections through September 30, 2021. AB 832 extends and replaces earlier eviction restrictions that were found in SB 91 and AB 3088.
This article is not meant to rehash the eviction moratorium in California. If you want to learn about previous iterations of the California eviction moratorium, please read our article on SB 91 and AB 3088. Instead, this article will touch on some (but not all) of the changes and updates to California’s eviction moratorium. The new rules are codified in AB 832.
New Notice for Tenants
On or before July 31, 2021, a landlord shall provide, in at least 12-point type, a new notice to tenants who, as of July 1, 2021, have not paid one or more rental payments that came due during the COVID period. Landlords must provide this new notice to their tenant regardless of whether the landlord is taking any other action against the tenant. The new notice can be downloaded from this government website.
Rental Assistance
Landlords may now be able to receive up to 100% of the COVID rent debt. However, not all tenancies will qualify. Either the landlord or the tenant can apply for relief under the new AB 832 eviction moratorium rules to receive up to 100% of the COVID rental debt. This is a change from the prior rule that said if the landlord doesn’t want to participate, the landlord would only receive 25% if the tenant decided to unilaterally apply for the rent relief program.
AB 832 Eviction Moratorium Extends Parts of SB 91 and AB 3088 and Adds New Provisions
The following are some of the provisions in the AB 832 law that have extended or changed the California eviction moratorium.
- 15 day notice to pay rent or quit requirement is still in effect but has new/different language requirements. Tenants must still sign and return a declaration to the landlord. Tenants now have until September 30, 2021, to pay the landlord at least 25% of any rent missed between September 1, 2020 and September 30, 2021.
- Extends just-cause requirements for eviction through September 30, 2021.
- Normal small claims court monetary limits are lifted for the recovery of COVID-19 rental debt (an action to recover such debt cannot commence until November 1, 2021, subject to local restrictions)
- Limited access to case records
- Certain landlords will be able to receive 100% of the COVID rent debt from the government (up from the prior 80%). Tenants or landlords can apply for the 100%. Landlords can now receive funds even if the tenant who incurred the debt has already moved out.
- There are new requirements for 3 day notices that are served after October 1, 2021, if the 3 day notice pertains to COVID-19 rental debt.
Additional Information
- Landlords: Schedule a paid telephone informational session with us to discuss your California rental property and how the California eviction moratorium applies in your situation under AB 832.
- Read about our eviction law practice.
- California government website regarding landlord/tenant issues during COVID.
Disclaimer
The information in this article and blog are not meant to be legal advice and is intended for educational purposes only. The laws change frequently and this article may not be updated to reflect current rules. Do not rely on this article when making legal decisions. Consult with legal counsel regarding your particular case before taking any action.
