June is here: What landlords need to know about eviction rules

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Gov. Gavin Newsom on Friday extended an executive order from March 16 that cleared the way for local governments to enact COVID-19 related eviction moratoria.

The order had been set to expire Sunday but will now remain in effect through July 28.

Most locally approved eviction moratoria were set to expire this weekend in line with Newsom’s March executive order. With that order now renewed, local eviction moratoria that were tied to the order also will remain in place.

For information on locally imposed eviction moratoria, visit CAA’s COVID-19 resource page at caanet.org/coronavirus.

While Newsom extended his March 16 executive order, he allowed a second executive order on evictions to lapse. This second order, made March 27, allowed COVID-19 affected tenants additional time to respond to unlawful detainer actions.

Gov. Gavin Newsom

In addition to the many locally approved eviction moratoria, the state Judicial Council’s rule on evictions also remains in effect. This rule bars most new evictions and stalls previously filed evictions still making their way through the courts. In some counties, however, sheriffs’ departments are beginning to perform eviction lockouts based on evictions adjudicated prior to the COVID-19 outbreak and shelter-in-place orders.

The federal eviction moratorium for properties that are financed by federally backed mortgage loans or that participate in federal affordable housing programs, including properties with Section 8 housing vouchers, also remains in effect until late July.

Considering the concurrent legislative, executive and judicial orders, here’s what landlords need to know starting June 1:

  • Continue to follow any applicable local moratorium and the federal eviction moratorium if your property is federally assisted, as these measures may limit the ability to serve a three-day notice to pay or quit. Local moratoria may also limit the ability to carry out “no fault” evictions and give tenants financially-affected by the pandemic an extended repayment period.
  • If your property is not subject to the federal moratorium or a local ordinance, you can serve a three-day notice to pay rent or quit but cannot enforce it in court (due to Judicial Council rule)
  • CAA continues to urge compassion and following the Safe at Home Guidelines, which the association has extended through the end of June.

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