3 DAY NOTICE TO PAY RENT OR QUIT DURING THE COVID “RECOVERY” PERIOD
3 DAY NOTICE TO PAY RENT OR QUIT DURING THE COVID “RECOVERY” PERIOD
By: Tanner N. Puryear, Esq.
November 9, 2021
As many of you now know, the eviction moratorium in California has ended. Single-family homes are no longer subject to the “Tenant Protection Act” which required a “just cause” reason to legally evict a tenant from their home. Furthermore, notices for failure to pay rent are no longer required to be fifteen days. A three-day notice is once again accepted under the law; however, the “three-day” timeframe is deceiving, as the courts will not allow an unlawful detainer eviction to move forward any sooner than twenty days after the “three-day” notice is served.
The State of California has defined “COVID-19 recovery period rental debt” as rental debt that became due between October 1, 2021 and March 31, 2022.
During the “recovery” period, a court will not issue a summons on a complaint for an unlawful detainer that seeks possession of residential property based on nonpayment of rent that accumulated due to COVID-19 hardship unless the landlord first files a statement under penalty of perjury, that before filing the complaint, they completed an application for government rental assistance to cover the rental debt demanded from the defendants in the case, and the application was denied. A copy of the final decision from the pertinent government rental assistance program denying the rental assistance application must also be filed.
Alternatively, if a landlord has not received notice from the state indicating the tenant has submitted their completed application, or if they have not heard from the tenant regarding the same, a statement under penalty of perjury may be filed verifying that all of the following are true:
1. Before filing the complaint, a completed application for rental assistance was submitted and;
2. Twenty days have passed since the application was submitted or twenty days have passed since the tenant was served with the underlying three-day notice to quit.
Unless these steps are followed a court will not allow an unlawful detainer action to move forward for failure to pay rent during the COVID-19 “recovery” period.
In summation, although the moratorium is over, there are still quite a few hoops that a landlord needs to jump through in order to evict for failure to pay rent.
The information presented in this article is not to be taken as legal advice. Every person’s situation is different. If you are facing a legal issue of any kind, get competent legal advice in your State immediately so that you can determine your best options.
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2020 Blogs:
- April 28 – A New Reality – Temporary or Permanent – Virtual Showings and Disclosures
- May 22 – Servant Leadership
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- June 26 – SBA Rolls Out Updated PPP Loan Forgiveness Application
- July 2 – Understanding the Home Equity Sales Contract Act 2020
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- August 4 – August 2020 COVID-19 Update
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- September 1 – COVID Update on Foreclosures and Evictions
- September 3 – State Passes AB 3088
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- November 10 – Changes to the Fair Housing and Discrimination Advisory CAR Form
- November 24 – In a Season of Difficulty – We Choose Gratitude
- December 15 – Cal/OSHA Issues New COVID Prevention Rule
2021 Blogs:
- January 5 – Introduction to New Laws 2021
- January 26- Rain and the Prevalence of Failure to Disclose Claims
- February 2 – California Enacts COVID Tenant Relief Act (SB 91)
- March 9 – Understanding the Trust Exception to Real Estate Disclosures
- April 20 – Cash for Keys and SB 91
- May 4 – Help! Tenant Won’t Cooperate with Sale of Home
- May 11 – California Passes AB 80
- June 15 – Pinhole Leaks in Copper Pipes in Folsom
3 DAY NOTICE TO PAY RENT OR QUIT DURING THE COVID “RECOVERY” PERIOD
By: Tanner N. Puryear, Esq.
November 9, 2021
As many of you now know, the eviction moratorium in California has ended. Single-family homes are no longer subject to the “Tenant Protection Act” which required a “just cause” reason to legally evict a tenant from their home. Furthermore, notices for failure to pay rent are no longer required to be fifteen days. A three-day notice is once again accepted under the law; however, the “three-day” timeframe is deceiving, as the courts will not allow an unlawful detainer eviction to move forward any sooner than twenty days after the “three-day” notice is served.
The State of California has defined “COVID-19 recovery period rental debt” as rental debt that became due between October 1, 2021 and March 31, 2022.
During the “recovery” period, a court will not issue a summons on a complaint for an unlawful detainer that seeks possession of residential property based on nonpayment of rent that accumulated due to COVID-19 hardship unless the landlord first files a statement under penalty of perjury, that before filing the complaint, they completed an application for government rental assistance to cover the rental debt demanded from the defendants in the case, and the application was denied. A copy of the final decision from the pertinent government rental assistance program denying the rental assistance application must also be filed.
Alternatively, if a landlord has not received notice from the state indicating the tenant has submitted their completed application, or if they have not heard from the tenant regarding the same, a statement under penalty of perjury may be filed verifying that all of the following are true:
1. Before filing the complaint, a completed application for rental assistance was submitted and;
2. Twenty days have passed since the application was submitted or twenty days have passed since the tenant was served with the underlying three-day notice to quit.
Unless these steps are followed a court will not allow an unlawful detainer action to move forward for failure to pay rent during the COVID-19 “recovery” period.
In summation, although the moratorium is over, there are still quite a few hoops that a landlord needs to jump through in order to evict for failure to pay rent.
The information presented in this article is not to be taken as legal advice. Every person’s situation is different. If you are facing a legal issue of any kind, get competent legal advice in your State immediately so that you can determine your best options.
Recent and Popular Articles From Our Blog:
2020 Blogs:
- April 28 – A New Reality – Temporary or Permanent – Virtual Showings and Disclosures
- May 22 – Servant Leadership
- June 8 – Paycheck Protection Program Flexibility Act is Enacted
- June 10 – Impact to Credit Score After Filing Chapter 7 Bankruptcy
- June 26 – SBA Rolls Out Updated PPP Loan Forgiveness Application
- July 2 – Understanding the Home Equity Sales Contract Act 2020
- July 14 – Governor Rolls Back Re-Opening
- August 4 – August 2020 COVID-19 Update
- August 18 – Status Of Selected California State Operations re: COVID-19
- September 1 – COVID Update on Foreclosures and Evictions
- September 3 – State Passes AB 3088
- September 15 – Update on PPP Forgiveness and Impacts
- November 10 – Changes to the Fair Housing and Discrimination Advisory CAR Form
- November 24 – In a Season of Difficulty – We Choose Gratitude
- December 15 – Cal/OSHA Issues New COVID Prevention Rule
2021 Blogs:
- January 5 – Introduction to New Laws 2021
- January 26- Rain and the Prevalence of Failure to Disclose Claims
- February 2 – California Enacts COVID Tenant Relief Act (SB 91)
- March 9 – Understanding the Trust Exception to Real Estate Disclosures
- April 20 – Cash for Keys and SB 91
- May 4 – Help! Tenant Won’t Cooperate with Sale of Home
- May 11 – California Passes AB 80
- June 15 – Pinhole Leaks in Copper Pipes in Folsom