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AB 2179, effective April 1, 2022 through June 30, 2022, provides a limited extention to California's Covid-19 eviction moratorium for nonpayment of back owed rent due before April 1, 2022. The California state eviction moratorium is limited to evictions based on non payment of rent that became due and owing before April 1, 2022 AND THEN ONLY FOR tenants: (1) whose tenancy began BEFORE October 1, 2021 AND (2) have a pending application with the state rent relief program - Housing is Key. The last day to file an application was March 31, 2022.
Under AB 2179, California’s state wide Covid 19 eviction protections now ONLY APPLY to tenants who have failed to pay their rent owed before April 1, 2022 and have submitted an application for rent relief on or before March 31, 2022. These California state protections are set to end on June 30, 2022.
This recently enacted California state law also prohibits local cities and counties from adopting "new" COVID-19 eviction moratoria before July 1, 2022, as several cities were about to adopt onerous new local eviction moratoriums.
Through June 30, 2022, California courts will only allow an eviction based on nonpayment of rent to proceed if the landlord has attempted to obtain rent relief from Housing is Key and: (1) the tenant failed to apply for rent relief, (2) the tenant's application has been denied, or (3) more than 20 days has passed without any indication that the tenant will cooperate in completing the rent relief application process.
For the period of April 1, 2022, through June 30, 2022, AB 2179 mandates that any ″Three Day Notice to Pay Rent or Quit″ served on a residential tenant contain the following additional state notice:
″NOTICE FROM THE STATE OF CALIFORNIA:
If you completed an application for government rental assistance on or before March 31, 2022, you may have protections against eviction. For information about legal resources that may be available to you, visit lawhelpca.org.″
AB 2179 requires the courts, upon its own motion or upon a motion by a defendant in any eviction case, to dismiss a cause of action for unlawful detainer that is based on a notice that demands payment of COVID-19 recovery period rental debt if the notice does not meet the above requirements.
Please note that all three day notices to pay rent or quit must still be served in compliance with California Civil Code Section 798.56(e) and/or of the California Civil Code 1161(2) and/or (3). Please note that email is not an excepted method of delivery.
NOTE: While C.A.R., AAGLA and other apartment associations have updated their form 3 Day Notices to Pay Rent or Quit to add the mandated California state notice, many local cities require additional language and these forms will not hold up in court if your rental property is subject to a local rent stabilization ordinance, or local tenant protection ordinance.
Please see C.A.R.'s "COVID Rent Bill Extension Summary Sheet (Assembly Bill 2179)" and C.A.R.'s updated Q&A "State Rent Moratorium, The COVID Rental Housing Recovery Act (AB 832) and AB 2179 Extension."
The laws have been changing quite frequently and this article may not reflect current rules. Please do not rely on this article when making legal decisions.
If you would like to discuss any of the issues in this Articles with Melissa Marsh, a Los Angeles, California landlord-tenant attorney with over 25 years’ experience, please schedule a low cost 30 minute Telephone Consultation..
Tags: CA Eviction Moratorium 2022
Posted In: Real Estate Reporter
Blog Categories:Business Law Bulletin
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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.
Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.