Updates on Evictions
The California Judicial Council has issued an emergency rule temporarily halting eviction proceedings during the duration of the COVID-19 crisis.
1. Prohibits local courts from issuing a summons when an eviction case is filed by a landlord.
2. Courts are banned from entering an automatic default judgement when a tenant fails to file a response.
3. Where the tenant has responded or appeared, all trial dates must now be postponed for at least 60 days from the request for trial or scheduled trial date.
These measures will remain in place for 90 days after the end of state's emergency declaration, or until the Judicial Council takes action to appeal or amend the rule.
The City of LA is prohibiting evictions for people that can demonstrate loss of income due to COVID-19 restrictions and interruptions and is also temporarily barring certain types of nuisance evictions for violations such as having a pet or an extra family member staying in the home.
For tenants that are unable to pay their rent due to COVID-19 and are able to document it, there will be a grace period of 12 months following the lifting of the health emergency for tenants to pay their back rent.
In Unincorporated County Areas, the County of Los Angeles has suspended no-fault evictions, as well as evictions due to non-payment of rent when the tenant can show they were unable to pay rent due to coronavirus. The County will also allow tenants six months after the health emergency is lifted to pay back rent.
Under an executive order from the Governor released on March 27th, no city in California can evict a tenant for non-payment of rent between now and May 31, 2020, if the tenant does the following:
1. Informs the landlord within seven (7) days after rent is due that they will be unable to pay rent due to COVID-19 and related circumstances; and
2. Retains documentation of their reason for inability to pay, such as a termination notice from an employer, medical bills, or payroll stubs showing a reduction in pay.
Cities are able to go significantly further than the Governor’s order if they choose. The Governor’s order should be considered a floor for all cities and not a limitation on creating stronger eviction policies.
Other cities are considering stronger eviction moratoriums for some renters, including Baldwin Park, Burbank, Culver City, El Monte, Glendale, Inglewood, Pasadena, Santa Monica, and South Pasadena.
1. Non-tax filers how to receive Economic Impact Payments:https://www.irs.gov/coronavirus/non-filers-enter-payment-info-here
2. Get My Payment shows Economic Impact Payment date, helps with direct deposit: To help everyone check on the status of their payments, the IRS is building a second new tool expected to be available for use by April 17. Get My Payment will provide people with the status of their payment, including the date their payment is scheduled to be deposited into their bank account or mailed to them.
3. If you are a small business owner and would like a review of you Paycheck Protection Program (PPP) application or help with creating a budgetary allocation plan with forecasts/projections, I am happy to help by volunteering my assistance.
4. If you are financially impacted by COVID-19 and cannot pay your rent in a timely manner, immediately below is a notice template you complete and give to your landlord. There are many services out there charging $60.00 for such a document. I don’t want you to spend your money unnecessarily.