This post has been updated.
On April 6, the Judicial Council of California unanimously voted to suspend eviction judgements and foreclosures statewide.
The new order puts a stop to unlawful detainers — which are lawsuits that landlords file when trying to evict a tenant. Judges are also prevented from issuing default rulings and tenants facing eviction can’t be summoned to the court. It also limits lenders from filing foreclosure complaints against homeowners.
This statewide order will remain in place for 90 days after the state of emergency is lifted.
So what else is available to tenants? Here's what we know.
Reminder: There is currently no rent freeze or moratorium on rent in California. So if you can't pay, action is likely required on your part.
And remember: Partial payment of rent does not prevent your landlord or property manager from starting the eviction process, unless you get a written agreement.
If you can afford it, yes.
State and local eviction moratoriums do not prevent rent from being due, and local officials are encouraging those who are healthy and employed to pay it.
If you can't pay rent due to coronavirus-related circumstances, here's what you should do:
In early April, the Judicial Council of California adopted an emergency rule that effectively prevents evictions, other than those necessary for health and safety. This is a much stronger ruling that the statewide eviction moratorium set by Gov. Gavin Newsom in March.
Here's what the new rule does:
You can read more about the rule, including how it applies to foreclosures, here.
Landlords are barred from removing tenants who can't pay rent in May if they can demonstrate that it's due to income or job loss related to COVID-19.
Those deadlines can also be extended. And a payment plan can be set up after the order expires. Further guidance for tenants and landlords can be found here.
The city's order bans evictions for any reason, with a few exceptions, and lasts until May 31, or through the end of the health crisis, if extended. It also protects renters against future evictions for nonpayment and bans late fees from being applied to missed rent due to coronavirus-related impacts.
Find the full order here.
Santa Clara County:
A temporary eviction moratorium — through May 31 — applies to all residential and commercial properties in Santa Clara County.
If for some reason you do receive an eviction notice, get in touch with a lawyer or legal aid office as soon as possible. Many local legal aid offices are still operating — albeit remotely — and should have the best resources to help navigate through the particular rules in your city and county.
Here are a few tenant resources you can use for help with an eviction notice:
Santa Clara County:
San Mateo County:
KQED's Erin Baldassari contributed to this report.