California Statewide Information

Read through the latest information about how statewide restrictions and executive orders related to the coronavirus impact California real estate law

Understanding State, County and City Rules Pertaining to Evictions

On March 16, 2020 and March 27, 2020, Governor Newsom issued two executive orders: 1) Executive Order N-28-20; and 2) Executive Order N-37-20 ("State-Moratorium").

The most significant provision of Executive Order N-28-20 as it applies to landlord/tenant issues was to allow local governments to use their police power to provide substantive limitations on residential and commercial evictions in response to the COVID-19 outbreak. This Order was extended in late-May to allow local governments to continue to provide limitations on evictions until the end of July.

The most significant provision of Executive Order N-37-20 as it applies to landlord/tenant issues was a statewide extension of 60 days on the time to respond to an eviction complaint, assuming the tenant can meet certain requirements, including notifying the landlord within 7 days of the rent being due of a negative impact resulting from the pandemic.

Following these Executive Orders, many Counties and Cities throughout California began adopting their own Eviction Moratoriums. This has left landlords and tenants confused as to which moratorium(s) they have to abide by. The Short answer is: all of them.

When the State Government enacts laws, such laws take precedence over local laws. Meaning, if the State Law precludes local regulation of an issue or the Local Law is conflict with the State Law, then the Local Law will be invalidated. The same occurs when the County issues a law, such law takes precedence over laws enacted by the City. As stated above, the law enacted by the City can be invalided if the State/County law precludes it or if it is in direct conflict with the State/County law. For all laws enacted, not just the moratoriums, citizens must abide by the City, County and State.

In this instance, the Executive Orders permit local governments to enact their own Eviction Moratoriums, so long as the local moratoriums do not conflict with the State orders. Some Counties in California have adopted their own moratoriums. These County moratoriums may provide more protections to tenants than the State rules. Similarly, cities may enact their own moratoriums, so long as the City’s moratoriums do not conflict with the County’s moratoriums and provide additional protections for the tenants.

If a City moratorium does not provide more protection for tenants, then landlords and tenants shall follow the County moratorium, if one exists, or the State orders if there are no County rules. The same occurs when a County moratorium does not provide more protections for tenants than the State orders, then landlords and tenants shall follow the State orders.

If the local moratorium, either City or County, provides more protection for tenants than the State moratoriums, then the landlords and tenant shall follow the local moratorium. However, this is not all-encompassing rule as each aspect of the various moratoriums must be considered.

With the various moratoriums adopted throughout this unprecedented time, it is important that landlords and tenants stay up to date with the new emergency laws passed by their City and County governments, as well as review all moratoriums adopted.

This website will detail many of these rules.

Recent Updates

May 27, 2020

California Department of Public Health Publishing Guidance for Real Estate Transactions

California Department of Public Health

Executive Order Tracker

Executive Order N-28-20

Local governments can put limitations on commercial and residential evictions

READ ORDER

Sunset Date: May 31,2020 (unless extended)

Executive Order N-37-20

Extension of 60 days for responding to an eviction complaint

READ ORDER

Sunset Date: May 31, 2020

What are the State Orders?

At the State level, Governor Gavin Newsom initially allowed local jurisdictions to create and enforce their own restrictions and/or moratoriums related to tenant’s rights. More recently, Governor Newsome enacted a statewide order that extends by 60 days the time a tenant has to respond to a summons in an unlawful detainer (eviction) case filed by a landlord.

However, this extension applies only for unlawful detainers based on nonpayment where the tenant (a “affected tenant”) has satisfied certain conditions:

1. The tenant has a COVID-related loss of income (ie unable to work due to sickness or caring for one that is sick, lay-offs or loss of income or need to provide childcare due to school closures);

2. The tenant has notified the landlord within a reasonable time period not to exceed 7 days; and

3. The tenant retains documentation establishing the COVID-related loss.

Moreover, no writ may be enforced while this Order is in effect to evict a tenant from a residence or dwelling unit for nonpayment of rent who satisfies the requirements

All other unlawful detainer cases are unaffected by the Order. In theory, this would include evictions undertaken (or allegedly undertaken) for non-monetary reasons, such as breach of lease or owner move in, or cases where the tenant cannot meet the documentation requirements. These evictions can theoretically move forward so long as the courts are open.

JUDICIAL COUNCIL UPDATE

In addition to actions being taken by the California Executive Branch, the California Judicial Council has also released an order related to the coronavirus panedemic. This order provides that no court may issue a summons or complaint for an eviction unless the court finds that the action is necessary to protect the public health and safety. The order further prohibits entry of default judgment in an eviction matter unless necessary to protect the public health and safety. Finally, the order requires that if a defendant has already appeared in the action, any trial date must be set at least 60 days after the request for trial is made. This order is 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted, or until amended or repealed by the Judicial Council. Thus, the Judicial Council Order has the impact of essentially temporarily making evictions impossible unless there is a legitimate public health and safety risk.

READ ORDER