Advocate L E G I S L AT I O N & P O L I C Y U P DAT E S
1. For Alameda County, there is a prohibition on serving any notice to quit/ vacate for nonpayment of rent until 60 days after Alameda County’s “local emergency” ends. It is likely that this prohibition supersedes application of SB 91’s 15-day notice to pay rent or surrender possession for unlawful detainers, although no determination of this conflict between local and state law has yet been ruled on by a California appellate court. Thus, if your rental property is in Alameda County, it is strongly recommended that you consult an attorney before serving any notice that includes, either express or implied, an alternative demand that the tenant vacate the unit. (See Chapter 6.120.030 Alameda County Municipal Code.)
A Rental Assistance and Eviction Moratorium Update by Brent Kernan On Jan. 29, 2021, Governor Gavin Newsom signed SB 91, extending California’s eviction moratorium from Feb. 1 until June 30, 2021, and allocating federal rent relief funds to 12 MARCH+APRIL 2021 / EBRHA.COM
struggling renters and rental property owners. Through this rental assistance program, rental property owners now have a path to recover unpaid rental debt. Watch the COVID-19 Information, Renter Resources and Property Owner Resources pages on the EBRHA website (under the Resources tab on ebrha.com) for the latest information about this rapidly evolving topic, including how to apply for funding. In the meantime, here are 14 things that property owners should know:
3. SB 91 still allows “just cause” evictions to proceed. Examples of “just cause” include a breach of a material term of a lease, causing a nuisance, criminal activity, subletting in violation of a lease and other grounds. However, it also continues to apply to all rental units, withholding certain exemptions such as for single-family houses. (CCP 1170.03.5, Civ 1946.2)
JEFFREY CZUM / PEXELS
THE 411 ON SB 91:
2. Renters who pay 25% of their monthly rent from Sept. 1, 2020, to June 30, 2021, and have completed a Declaration of COVID-19 Related Financial Distress form (which owners were required to provide to qualifying renters in February) are protected from eviction. Note, renters don’t have to pay 25% each month; they have the option to make a 25% lumpsum payment by June 30, 2021. The renter will still owe the property owner all unpaid rent. (CCP 1179.03)
