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California

These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on September 25, 2020.

For more up-to-date information on the relief programs available in California, we recommend that you visit the Secretary of State's website or the California COVID-19 portal.

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Description of Program and Relief

COVID-19 Residential Tenant and Landlord Protection

The Governor’s office announced on August 31, 2o2o legislation signed to protect residential tenants from eviction due to the COVID-19 pandemic.

Under the legislation no residential tenant can be evicted before February 1, 2021 as a result of overdue rent owed because of a COVID-19 related hardship that occurred between March 4 to August 31, 2020 if the tenant provides a declaration of hardship as set forth below. For a COVID-19 related hardship that occurs later, between September 1, 2020 to January 31, 2021, tenants must pay at least 25 percent of the rent due to avoid eviction. Tenants continue to be responsible for paying unpaid amounts to landlords but the unpaid amounts cannot be the basis for an eviction. Landlords may begin to recover this debt on March 1, 2021, and small claims court jurisdiction is temporarily expanded to allow landlords to recover these amounts.

Legal and financial protections for tenants include among others:

  • Extending the notice period for nonpayment of rent from 3 to 15 days to provide tenant additional time to respond to landlord’s notice to pay rent or quit.

  • Requiring landlords to provide hardship declaration forms in a different language if rental agreement was negotiated in a different language.

  • Providing tenants a backstop if they have a reasonable basis for failing to return the hardship declaration within 15 days.

  • Requiring landlords to provide tenants a notice detailing their rights under the Act.

  • Limiting public disclosure of eviction cases involving nonpayment of rent between March 4, 2020 – January 31, 2021.

  • Protecting tenants against being evicted for “just cause” if the landlord is shown to be evicting the tenant for non-payment of rent due to a COVID-19-related hardship.

Existing local ordinances can generally remain in place until expiration; future local action cannot undermine this Act’s framework. Nothing in the legislation affects a local jurisdiction’s ability to adopt an ordinance that requires just cause provided it does not affect rental payments before January 31, 2021.

Government or Lead Agency

State of California Business, Consumer Services and Housing Agency (BCSH)

Dates Available

In general March 1, 2020 to February 1, 2021 (please see above for other applicable dates)

Eligibility Requirements/Restrictions

Please see above and here for more information regarding eligibility and landlord restrictions.

Application Deadlines (If Applicable)

The relief provided by this legislation ends on February 1, 2020

Contact for More Information

The State Bar of California publishes a list of certified lawyer referral services organized by county. Please visit the State Bar’s internet website at www.calbar.ca.gov or call 1-866-442-2529.

List of Additional Information

Please see here for the text of the law itself.

Please see here for the text of the Governor’s announcement.


© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

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