Evictions in California can resume on September 2, 2021, following the expiration of the statewide eviction moratorium. Landlords can now pursue eviction against tenants who have not paid rent or violated other lease terms.
However, tenants who are considered “vulnerable” or have applied for rental assistance through state or local programs may still have protection from eviction until at least September 30, 2021.
As the covid-19 pandemic continues to affect daily lives, many Californians have faced financial hardships, making it difficult to pay their rent on time.
This has led to a backlog of over 160,000 eviction cases in the state. However, with the state’s eviction moratorium now lifted, landlords are once again able to pursue legal action against tenants who have fallen behind on rent or violated other lease terms.
Understanding The Background
California is home to over 39 million people, making it the most populous state in the united states.
Housing insecurity is a growing concern in California with approximately 1 in 6 households experiencing a high rent burden.
In this context, the ability to evict tenants plays a crucial role for landlords and property owners.
Eviction laws underwent revisions with the onset of the covid-19 pandemic, resulting in changes to the eviction law in California.
A Brief History Of Eviction Laws In California
- Eviction laws in California were first enacted in the early 1900s.
- The ‘Ellis Act’ of 1985 allowed landlords to evict tenants for the purpose of going out of the rental business.
- In 2019, the ‘tenant protection act’ was passed, which provided more protections for tenants in California.
Changes To Eviction Laws In Response To Covid-19 Pandemic
- In March 2020, the California governor issued an executive order that placed a temporary moratorium on evictions for tenants who were unable to pay rent due to covid-19 related reasons.
- This moratorium was extended through January 31, 2021, providing relief to tenants facing financial hardships due to the pandemic.
- The ‘covid-19 tenant relief act of 2020’ was also enacted to provide further protections to tenants, including extended time to pay back unpaid rent accumulated between March 1, 2020, and January 31, 2021.
The Current State Of Evictions In California
- As of February 1, 2021, landlords can begin to evict tenants who have unpaid rent accumulated between March 1, 2020, and August 31, 2020.
- However, eviction proceedings for tenants who were unable to pay rent due to covid-19 related reasons remain on hold until June 30, 2021.
- It is important to note that legal proceedings for evictions take time and California courts are currently facing a massive backlog of cases due to the pandemic, which may delay eviction proceedings even further.
California’s eviction laws are complex and ever-changing, and it is important for both landlords and tenants to stay up-to-date on these laws.
The covid-19 pandemic has brought new challenges to the already complex legal landscape of evictions in California, and tenants and landlords alike should seek out legal advice to navigate these laws.
The Process Of Resuming Evictions
When can evictions resume in California: the process of resuming evictions
The eviction moratorium that began in March 2020 has given California tenants temporary relief amid the covid-19 pandemic.
However, with the increase in vaccination rates and a decline in positive cases, the state is moving towards easing eviction restrictions. We will discuss the process of resuming evictions in California.
The Role Of The State And Local Authorities In Resuming Evictions
- The state of California will lift the eviction moratorium on September 30, 2021. After that, landlords can resume eviction proceedings if they follow specific guidelines.
- Some cities in California have their own eviction moratoriums, which may expire before September 30 or remain in effect beyond that date. Landlords should pay attention to local ordinances, as they may differ from state regulations.
Necessary Steps And Requirements For Landlords To Resume Eviction Proceedings
- Landlords must ensure that the tenant has been given proper notice. They must provide the tenant with a written notice, describing the reason for the eviction and give them three days to respond before filing an eviction lawsuit.
- Landlords must also comply with local rent control ordinances and other laws, such as the California fair employment and housing act, and the California consumer privacy act.
- To begin the eviction process, landlords must file an unlawful detainer lawsuit in court. They must provide evidence of proper notice and the reason for the eviction.
- If the court grants an eviction order, the landlord must obtain a writ of possession from the court before evicting the tenant.
Protections And Resources Available For Tenants Facing Eviction
- Tenants facing eviction have certain protections and resources.
- The state of California offers tenants who meet certain requirements the option of applying for rental assistance from the ca covid-19 rent relief program. This program provides funds to eligible tenants, enabling them to pay past-due rent and avoid eviction.
- Additionally, local non-profits and community organizations can provide legal advice and support to tenants facing eviction. Tenants should also be aware of their rights, which include the right to a notice and opportunity to respond before eviction proceedings can be initiated.
California landlords must adhere to specific guidelines to resume eviction proceedings, including proper notice, compliance with local ordinances and laws, and obtaining an eviction order.
While tenants facing eviction have access to certain protections and resources, they should be aware of their rights and seek legal advice and support when needed.
Frequently Asked Questions Of When Can Evictions Resume In California
What Is The Current Status Of Evictions In California?
Evictions are currently on hold in California due to covid-19 related tenant protections.
When Will Evictions Resume In California?
The current eviction moratorium in California is set to end on June 30, 2021.
Who Is Protected From Eviction In California?
Tenants who have been financially impacted by covid-19 are currently protected from eviction in California.
What Should Landlords Do If They Need To Evict A Tenant?
Landlords should consult with legal counsel to ensure they are following proper procedures and timelines for eviction in California.
Based on the latest developments in California’s eviction ban, the state is gradually lifting the moratorium for evictions.
This decision is crucial for both landlords, who have been struggling to pay their own bills due to the loss of rental income, and tenants, who have been worried about eventually accumulating months of unpaid rent.
The new measures aim to balance the interests of both parties, granting tenants ample time and resources to catch up on rent payments and evade eviction.
While the California eviction process is ever-evolving, it’s essential to keep informed and updated with the latest rules and regulations.
By doing so, you can ensure that you are up-to-date on the procedures and can take the necessary steps promptly.
Ultimately, we hope that this article has shed light on the essential questions that you may have had regarding the resumption of evictions in California.