AB 3088 – COVID-19 Tenant Relief Act of 2020 (Signed By Governor August 31, 2020) Important Changes

Evictions under the COVID-19 Tenant Relief Act:

• Evictions for everything other than non-payment of rent can resume September 2, 2020.
• Tenants that do not comply and provide the necessary declaration within 15 days can be evicted after October 5, 2020.  
• Landlords must provide notice by September 30, 2020 to renters that have not paid during the covered period in at least 12-point font of the rights under this new act. 
• Landlords cannot serve notices for non-payment of rent until after the notice referenced in the first bullet point is given, can be given at the same time.
• Change to Notice Requirements:  
  • Tenant has 15 days instead of 3 (not including weekends or holidays) to provide tenant additional time to either pay or provide declaration of hardship in response to landlord’s notice to pay or quit and pays 25% of the missed rental payments by January 31, 2021.
  • Blank Declaration needs to be sent with the Notice 
  • Notices served must contain specific language. Civil Code 1179.03
• Additional Supplemental Cover Sheet must be filed with the Court indicating whether the action is based on non-payment rent or not. 
• The Court cannot issue a summons on a non-payment of rent case until after October 5, 2020. 
• High-income tenant requirements – a landlord may require a high-income tenant that is served with a notice to pay or quit to submit, in addition to and together with the COVID-19 Declaration, documentation supporting the claim that the tenant has suffered COVID-19 related financial distress. Only applicable if landlord includes the required language to the notice. If high-earning tenant does not comply he is not afforded the protections of the act. 
• Defines COVID-19 Rental debt as unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during the covered time period of March 1, 2020 and January 31, 2021.
• Pleading requirements in unlawful detainer complaints changed. 
• Puts limitations on local eviction moratoriums.
• If tenant complies with the requirements for rent between March 1, 2020 – January 31, 2021 it is not a basis for eviction – must be collected as a consumer debt and can be brought after March 1, 2021. 

COVID-19 Small Landlord and Homeowner Relief Act

• Extends the Homeowner’s Bill of Rights anti-foreclosure protections to small landlords (1-4 units, non-owner occupied) if tenant moved in before March 4, and tenant fails to pay the rent due to loss of income.

Changes to Tenant Protections Act 2019

• Section added to explain the Consumer Price Index and percentage of change in the cost of living for purposes of rental increases.