WHAT TENANTS NEED TO KNOW ABOUT CALIFORNIA’S EVICTION COMPROMISE
September 2, 2020
What Tenants Need to Know About California’s Eviction Compromise: How AB 3088 Protects You, and How It Does Not
On August 31st, CA Assembly and Senate passed AB 3088, the COVID-19 Tenant Relief Act of 2020. The legislation takes effect immediately and contains NO provisions for rent forgiveness or cancellation.
The new law offers protections to some tenants impacted by the COVID-19 pandemic while leaving others unprotected or subject to significant loopholes. If you are a tenant and are having trouble paying rent, or are facing eviction for other reasons, it is important to understand who and what the law protects and does not, and what your first steps should be to protect your legal rights and preserve your housing.
AB 3088 Protects Tenants Who:
I Have a COVID-19 Related Financial Hardship. How Does the Law Protect Me from Eviction?
Additional Resources
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
By: BayLegal
The new law offers protections to some tenants impacted by the COVID-19 pandemic while leaving others unprotected or subject to significant loopholes. If you are a tenant and are having trouble paying rent, or are facing eviction for other reasons, it is important to understand who and what the law protects and does not, and what your first steps should be to protect your legal rights and preserve your housing.
AB 3088 Protects Tenants Who:
- have been unable to pay rent because of financial hardship during the COVID-19 pandemic and might face eviction based on failure to pay rent;
- have been unable to pay a portion or all of their rent between March 1, 2020 and August 31, 2020.
- Tenants who have missed payments between March and the end of August cannot be evicted on the basis of these missed payments.
- anticipate having trouble paying rent between September 1, 2020 and January 31, 2021;
- Tenants will be required to make at least 25% of total rent payments due between September and the end of January. Those who do not may become subject to eviction proceedings on February 1, 2021.
- Tenants will be required to make at least 25% of total rent payments due between September and the end of January. Those who do not may become subject to eviction proceedings on February 1, 2021.
- have not suffered a financial impact from the COVID-19 pandemic, even if they are otherwise affected;
- become unable to pay some or all of their rent on or after February 1, 2021, even if the reason is job loss, income loss, or financial hardship related to COVID-19; or
- are facing or might face eviction for reasons other than nonpayment of rent.
I Have a COVID-19 Related Financial Hardship. How Does the Law Protect Me from Eviction?
- Landlords must now serve a 15-day Notice to Pay Rent or Quit, instead of a 3-day notice.
- Tenants claiming protection under AB 3088 from eviction for nonpayment of rent must tell their landlord that they have suffered a loss of income or increase in expenses as a result of the pandemic:
- Tenants whose annual income is below 130% of area median income must fill out a declaration under penalty of perjury, stating that they have experienced a decline in income or increase in expenses.
- Landlords must provide this paperwork to any tenant they serve with the nonpayment of rent eviction notice. Tenants have 15 days from the date of service to complete and file the paperwork. Copies of the declaration in several languages are also available at https://landlordtenant.dre.ca.gov/tenant/forms.html
- No supporting documentation of hardship is required.
- Tenants whose annual income is 130% or more of area median income will need to provide documentation of financial hardship along with their declaration.
- Tenants whose annual income is below 130% of area median income must fill out a declaration under penalty of perjury, stating that they have experienced a decline in income or increase in expenses.
- If you meet the qualifications and file the required paperwork, you cannot be evicted for nonpayment between March and the end of August, 2020.
- However, any unpaid rent can be converted into consumer debt which landlords may attempt to recover through collections processes.
- Rental debt accrued between March, 2020 and February, 2021 will not show up on tenants’ credit reports.
- If you meet the qualifications and file the required paperwork, you cannot be evicted for nonpayment between September 2020 and the end of January, 2021, as long as you pay at least 25% of your total rent due for this period before February 1, 2021.
Additional Resources
- CalMatters has published a more detailed overview of the new law, including a summary of what it contains for tenants, landlords, and banks. You can read more here.
- Legal Services of Northern California has produced informative short videos on AB 3088 in English and Spanish.
- Santa Cruz and San Benito County tenants with questions regarding their own situation, including those facing eviction, should call SCLS at 831-426-8824. We cannot guarantee that an attorney will represent you in your case, but we will provide advice and referrals to individuals who qualify for our services.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
By: BayLegal