Additional Eviction Limitations Involving COVID

Your guide on how to handle eviction cases based on nonpayment in the pandemic.

Civil Code §§ 789.4, 1788.65, 1788.66, 1942.5, and 3273.1; Code of Civil Procedure §§ 16.223, 871.10, 871.11, 871.12, 1161.2.5, 1179.02, 1179.03, 1179.03.5, 1179.04, 1179.05, 1179.07, 1161.2, and 1179.08; Health and Safety Code §§ 50897, 50897.1, 50897.2, 50897.3, 50897.4, 50897.2.1, and 50897.3.1

Landlords pursuing eviction cases based on nonpayment from October 1, 2021 - March 31, 2022 must meet the following criteria in order for their cases to commence.

1. The landlord has attempted to receive rental assistance to cover the unpaid amount, AND

2. The application has been denied OR after 20 days, there is no indication that the tenant will cooperate

The court is required to verify that the landlord attempted to obtain rental assistance for the unpaid amount and that the application was denied for at least one of the following reasons.

1. The tenant was not eligible for rental assistance, OR

2. Rental assistance funds were insufficient, OR

3. The tenant did not cooperate with the landlord's efforts

Tenants are also allowed to obtain relief from eviction for nonpayment at any time prior to being locked out if they meet one of the following criteria.

1. The tenant obtains approval of rental assistance to cover the unpaid amount that is the basis for the eviction, AND

2. The court verifies that the landlord received the money

This does not apply to tenant households who have moved in after September 30, 2021, and landlords still reserve the right to evict problem tenants for reasons other than nonpayment.

This article provides only general information, and not legal advice. If you have any questions or if we can help evaluate on how this applies to you, please reach out to us at info@mcc-lawyers.com.