San Diego Eviction Moratorium Summary

N-37-20

N-28-20

NOTES: 

Courts act in the favor of tenants when interpreting both state and local rules. As such, the California order should be the baseline, with local ordinances enhancing tenant rights. 

San Diego Superior Court is currently closed through April 30, 2020 

Residential tenants suffering a verifiable hardship from Covid 19, either by loss of income, governmental response to Covid 19, or medical expenses resulting from the pandemic.  This includes mobile home residences. Commercial tenants are not protected by this order. 

What are the requirements? 

1. Within seven days of rent being due, a residential tenant must notify their landlord “in writing” that 

they are not able to pay rent in a timely manner because of COVID-19. Email and text communication are valid forms of “written” notice.  

1. Tenant must provide verifiable proof of hardship to the landlord/owner. Proof includes (but is not 

limited to): termination/reduction notices; payroll checks/paystubs; bank statements showing drop in income; EDD application/acceptance; medical bill; or other documents showing tenant is unable to pay based on Covid 19 related hardship.

NOTE: Tenant has until “time upon payment of back-due rent” to provide verifiable proof of hardship.  This requirement is nonsensical and should be interpreted to mean tenant is not protected until proof is provided, and landlord may pursue all remedies to obtain payment and possession in due course.   

What happens if the tenant complies with the requirements?

1. Non payment due to Covid 19 related hardship shall be an affirmative defense to an eviction proceeding.
2. Tenant shall have until September 25, 2020, the date tenant vacantes the property, or the date the 

order is lifted, whichever date is sooner, to pay deferred rent. 

1. Rent shall be deferred through May 31, 2020 (subject to extension).
2. Tenant shall have an additional 60 days to respond to any eviction suit.
3. Late fees are waived.
4. Landlord is precluded from taking ANY action to evict tenant, which includes issuing notices of 

non-payment of deferred rent (until due), or filing/serving “no fault” termination notices or evictions.  “No fault” notices and/or evictions includes termination notices not based on actions by the tenant, expiration of fix term leases, and tenant initiated notices to vacate.        

What happens if the tenant does not comply with the requirements?

1. Landlord/owner may pursue notices/evictions.
2. Tenant is bound by the normal five-day response time for evictions.
3. Late fees are due. 
4. Tenant may be evicted for non-payment of rent (including deferred rent that has not been timely 

repaid). 

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NOTE: El Cajon actually has some areas that are unincorporated, which would likely fall under the UI SCD restrictions. 

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BY-THE-SEA

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UCSD

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Residential (including mobile homes) and Commercial: 

1) Can’t evict for nonpayment related to covid, if tenant serves notice to owner in writing up to 30 days AFTER rent is due and provides proof in the same timeframe.  Nothing precludes serving a tenant with a 3-day notice within the 30-days (or filing a lawsuit for that matter) but that would likely trigger the tenant to comply.

2) Can’t evict on “no fault” including lease expiration, tenant notice to vacate, no fault termination notices, unless “necessary for the health and safety of tenants, neighbors, or the landlord.” 

This applies to nonpayment eviction notices, no fault eviction notices, and UDs based on such notices, “served or filed” on or after March 4th.  

Tenant has until 6 months after Chula Vista lifts the ordinance to pay back deferred rent.  This is a much longer timeframe than the state rule which says six months from March 25th or when the state ordinance is lifted, whichever is sooner.

Late fees ARE waived if tenant complies with notice/document requirement. 

The CV ordinance also says at no point can the deferred rent be included in a lawsuit for eviction.  This means if tenant (or former tenant) does not pay within 6 months, owner must file a civil or small claims suit to get judgment for the deferred rent.

Foreclosures:  Cant evict if the foreclosure itself resulted from Covid related hardship.  The foreclosure section expires May 31, 2020 unless extended by executive order.  Whether or not the foreclosure is based on Covid 19 hardship is most certainly a triable issue of fact.  We cant get the information without serving a notice, since the prior owner/renter would not know who to provide info to and the ordinance does not require the info within a certain amount of time. Furthermore, foreclosures do not just happen and are generally based on a notice of default served well in advance of any sale.

BEACH

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According to the articles, City Council adopted a Resolution that in part states, “No landlord shall endeavor to evict a tenant who demonstrates both (a) the basis for the eviction is nonpayment of rent rising out of a substantial decrease in household or business income… and (b) the decrease in household or business income… was caused by the COVID-19 pandemic.”

“The Resolution will give the residents who are financially struggling a peace of mind as we all adjust to the realities of the nationwide effort to address the spread of the COVID-19 virus,” said Imperial Beach Mayor Serge Dedina.

The Resolution includes, “(N)othing in this Resolution shall relieve a tenant from the obligation to pay rent, nor restrict a landlord’s ability to recover rent due.”

If this is accurate, it appears owner/landlords may still issue notices, and file lawsuits, but not until May 31st. All evictions in progress are stayed until May 31. Presumably the state rules apply for tenant notification. 

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What are the requirements?

Cannot evict if Covid related hardship/medical bills or any govt response to Covid 19 including the Feb 14th declaration of emergency.  This could call into question March rent if proper documentation and notification has been provided. 

Tenant must: 

1) notify LL prior to rent being due (except state mandate is up to seven days after); 

2) provide documentation within one week of notification; 

3) “paid the portion of the rent that tenant is able to pay. 

NOTE: The ordinance does not provide an objectionable way to make this determination. Likely this prong will be meaningless but it encourages tenants to pay something. 

What if tenant complies?

This ordinance applies only to non payment evictions and notices filed or served after 3/18/20.  Late fees are NOT waived even if tenant timely complies. 

Ordinance explicitly does not restrict a Landlord/owner’s ability to recover rent but also says “If a tenant elects to move out while the ordinance is effective, all owed rent is due upon move out.” 

Ordinance to remain in effect until May 31, 2020; however, state order says rent is deferred for six months or when the moratorium is lifted or tenant vacates, whichever is sooner. Provided the state moratorium is lifted May 31, 2020, there should be no conflict.  

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If tenant has a financial hardship related to Covid, and has provided notice and documentation within 30-days of rent being due, “no eviction may be filed or pursued.”  Once tenant has provided proper notice, rents are deferred until May 31, 2020. The notice and documents trigger the deferment.  

This arguably means you can issue a 3-day PQ notice in due course, and arguably file a lawsuit, but if the tenant comes through with the notice and information within 30-days, you cannot pursue the eviction (further) until May 31, 2020. 

Late fees are NOT waived even if tenant successfully defers rent. 

Violation of the moratorium may result in fines.  Tenants are encouraged to report violations to the city attorney.       

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Who qualifies?

1) Can’t evict for nonpayment related to covid, if tenant serves notice to owner in writing up to 30 days after rent is due and provides proof in the same timeframe.  Nothing precludes serving a tenant with a 3-day notice within the 30-days (or filing a lawsuit for that matter) but that would likely trigger the tenant to comply.

2) Cant evict on “no fault” basis including lease expiration, tenant notice to vacate, no fault termination notices, unless “necessary for the health and safety of tenants, neighbors, or the landlord.”

This applies to nonpayment eviction notices, no fault eviction notices, and UDs based on such notices, “served or filed” on or after March 4th.

What happens if tenant complies?

1. Tenant has until 6 months after Santee declares there is no local emergency to pay back deferred rent.  This is a much longer timeframe than the state rule which says six months from March 25th or when the state ordinance is lifted, whichever is sooner.

1. Late fees are waived.
2. At no point can the deferred rent be included in a lawsuit for eviction.  This means if the tenant (or former tenant) does not pay deferred rent within 6 months, the owner must file a civil or small claims suit to get judgment for the deferred rent.

REFERENCE

(INCORPORATED)

O-21177

A tenant must notify their landlord in writing that they are not able to pay their rent in a timely manner because of COVID-19. (Email and text communication are valid forms of written notice).  Applies to rent due after March 12, 2020. 

This written notice must be provided to the landlord on or before the date the rent is due (but likely a grace period of seven days after due to statewide moratorium).

Within one week of providing this notice to the landlord, the tenant must provide the landlord with documents or objectively verifiable information that the tenant is unable to pay rent because of the financial effects of COVID-19. (Examples of documentation: note or letter from employer regarding tenant’s loss or substantial reduction in employment; payroll records showing substantial loss of income due to COVID-19; bank statements that illustrate a drop in income; or other documentation that proves that tenant has not been generating the same level of income due to COVID-19. A tenant may also show substantial out-of-pocket medical expenses related to COVID-19.)

If a tenant does not provide the required documents/information within one week, a landlord may pursue an enforcement action that is allowed by state or local laws (but if they qualify under state rules, tenant gets additional 60-days to respond to the lawsuit). 

If a tenant moves while the City of San Diego’s temporary ban on evictions is in effect, all rent owed is due when the tenant moves out, unless the lease says this will be handled differently.  

Tenants who are protected from evictions by the City of San Diego’s Ordinance have up to six months from the date the ordinance is effective (March 25, 2020 – September 25, 2020) or the date Governor Newsom’s executive order is withdrawn, whichever occurs soonest, to pay their landlords all unpaid rent.  

Tenants who do not timely pay the outstanding deferred rate in full ARE subject to eviction for non payment. 

Late fees ARE waived if tenant complies. 

PER STATE RULE: If tenant complies Landlord cannot take ANY action to evict which includes 3-day PQ notices, and/or pursuing no fault evictions.  I read this to mean you cant issue a 60-day notice to someone who complies with the rent deferment request and documents (presumably the notice would be in retaliation). You also would not be able to pursue an eviction based on expiration of a fix term lease, or on a tenant’s notice to vacate. 

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REFERENCE

UI SDC

LIST/MAP

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BONITA

BOULEVARD

CAMPO

JACUMBA

DESCANSO

DULZURA

JAMUL

LEMON GROVE

LINCOLN ACRES

MOUNT LAGUNA

PINE VALLEY

POTRERO

SPRING VALLEY

TECATE

BONSALL

BORREGO SPRINGS

OCOTILLO WELLS

FALLBROOK

JULIAN

LAKESIDE

CAMP PENDLETON

PALA

PALOMAR MTN

PAUMA VALLEY

PALA

POWAY

RAMONA

RANCHITA

WARNER SPRINGS

RANCHO SANTA FE 

SAN LUIS REY

SANTA YSABEL

VALLEY CENTER

WARNER SPRINGS