Your Guide to the California Eviction Process During the Pandemic
What happens if you’re unable to pay your rent due to the pandemic? We all have questions about the impact and the possibility of getting evicted.
Luckily, your guide to the updated California eviction process is right here.
Introduction
Facing eviction is never easy, even in the best of times. But when the threat of being forced out of your home comes in the middle of a pandemic, figuring out a way to handle the issue can feel far more urgent. This is especially true if you are already strapped for cash or struggling to find another place to live.
More Californians than ever before are facing this exact situation. As millions apply for unemployment and social assistance after their jobs all but disappeared overnight, a split is developing in how landlords help them bridge the gap.
Some, including Dennis Beaver of Bakersfield, are working to provide tenants with extensions or relief directly. Others have continued to issue evictions, seeming either unable or unwilling to extend an olive branch.
If you’re facing eviction right now, we want you to know that you have rights. We hope the information here will help you persevere in these trying times.
Can I Really Be Evicted For Non-pay?
This is the most common question law firms and agencies face right now. The answer, fortunately, is no. New laws were put into place during the first few weeks of the pandemic that bar landlords from evicting over unpaid rent. These guidelines allow landlords to file evictions, but prevent law enforcement agencies and the courts from processing them until the crisis is over.
This temporary moratorium of sorts is expected to remain in place for quite some time — at least until 90 days after the state of emergency status related to COVID-19 comes to an end. However, there are a few exceptions. Furthermore, you must follow a very specific process to let your landlord know why you cannot pay.
What Do I Need to Do to Be Protected?
First, if you’ve received an eviction notice, don’t panic. If it’s over unpaid rent that you truly cannot afford to pay, here’s how to proceed.
Start by reaching out to your landlord directly. Let them know about your hardship and that you are making every effort to pay despite it. Do this in writing and keep a copy of the letter on your person in case the matter does go to court.
Don’t wait to notify your landlord. The laws state that you must provide them with written notice no more than seven days after discovering your inability to pay rent.
If you were laid off or let go as a result of the pandemic, it may help to show your landlord proof. However, please note that the law does NOT require you to provide this information to them in order to receive protection. Your landlord cannot refuse to work with you simply because you can’t, or even won’t, prove your level of need. You need only inform them that you were affected by the pandemic in such a way that you cannot pay your rent. Only the courts have the right to demand you prove need.
I Can Afford My Rent, But Prefer Not to Pay at This Time. Am I Protected?
Just because there is a ban on evictions doesn’t mean you can decide not to pay your rent and call it a day. Doing so is an abuse of the system and doesn’t fall in line with its original intention, which is to protect the vulnerable at a critical time. The laws really only protect those who are struggling with income, usually due to COVID-19.
If you willfully refuse to pay your rent despite having the ability to pay, your landlord might have the right to evict you anyway. And once the matter reaches the courts, you might be asked to prove your inability to pay. If it becomes clear that you lied in order to avoid paying your debts, you could be the one who ends up in trouble.
Lastly, your landlord might be unable to evict you at the moment — but that doesn’t mean you don’t still owe your rent, and it doesn’t mean you can’t be evicted later on after the crisis ends. The laws simply require them to defer your payments until after the pandemic is over. While you will have a grace period to cover the old debt (up to a year, in most cases), you should still plan for this starting now.
My Landlord Changed the Locks While I Was Out. Is This Legal?
Not if you were evicted for being unable to pay – especially if you advised them of your hardship in advance. Your landlord cannot remove your items or re-rent your apartment to another tenant, either. If your landlord has done this, contact your local sheriff’s department immediately and let them know.
As a note of caution, only the sheriff’s department has the legal ability to forcibly remove you from your apartment or rented home, full stop. This is true not only now, during the pandemic, but also on any normal day. Landlords who try to skirt the official process to practice vigilante evictions are breaking the law.
What If I Can’t Pay Back My Rent?
Remember that you must pay back all owed rent after the pandemic ends. If you know now or suspect that you will not be able to do so, be extremely cautious about taking advantage of the eviction ban. Your landlord may, in some cases, be able to sue you for the money once the aforementioned 90-day marker passes.
If you’re simply worried about your ability to pay due to present circumstances or specific influences (e.g., you are on a restricted income), you may be able to get help paying back your rent later on down the road. Many charities and organizations are already preparing in advance of providing this kind of help when the time comes.
There are also other options available for paying your rent now. For example, the Housing Choice Voucher program from HUD provides direct rental subsidies to low income families, the disabled, and seniors to help them stay in or find safe housing. Other sources of financial aid include social assistance agencies, churches, the Salvation Army, and even the city of Los Angeles itself.
I Rent a Commercial Property. Am I Covered, Too?
Maybe. The moratorium does provide protections for some commercial rentals, but restrictions limit who can defer payments. As with residential rentals, you can only defer if your income declined due to COVID-19. But you must also operate primarily in California and fall within specific industries (e.g., entertainment, eating or drinking establishments, or performance art) in order to qualify.
If you believe this applies to you, don’t assume you’re protected. Get in touch with a lawyer immediately and have them review your situation. Knowledge is power!
My Landlord Just Told Me He Intends to Evict Me Despite the Law. What Should I Do?
Be respectful and polite – but refuse to sign anything, and don’t say anything to make your landlord believe you are okay with the process. “Thank you for letting me know of your intentions” is fine. Saying, “Fine, evict me” out of anger, on the other hand, could be misconstrued as your acceptance. This could complicate matters.
Next, document everything. Record telephone calls (be sure to let the landlord know you are recording first), keep copies of letters, and print off all text messages or emails between the two of you. This will serve as important evidence.
Contact a lawyer as soon as possible — the moment you find out about the eviction, ideally. Lawyer referral services make this process quick and easy by cross-matching basic information about your case with a cultivated database of affordable attorneys. They can help you set up an initial consultation (usually free) to discuss your options.
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