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INFORMATION FOR DEALING WITH COVID-19 EVICTIONS 

INFORMATION FOR DEALING WITH COVID-19 EVICTIONS 

  1. Potential Priority for Unlawful Detainer Complaints based on Date of Filing.

 While recent changes to California Court Rules on 4/7/2020 prevent the issuance of new summons in unlawful detainer cases, absent a finding that the action is “necessary to protect public health and safety”, the new rules do not prevent the filing of an unlawful detainer complaint. Since each new case will receive a case number at the time of electronic filing, there may be a potential priority and benefits for earlier-filed cases once the courts begin issuing summons. Therefore, it may be prudent to file unlawful detainer lawsuits once your notices expire, even though you may have to wait for a summons.

  1. Three-day Notices to Pay Rent or Quit may be Served in some Cases.

Even during this pandemic, rent remains due. Therefore, Three-day Notices to Pay Rent or Quit may be served on tenants who have not demonstrated, through verifiable evidence, that their failure to pay rent is directly related to a “substantial loss of income or substantial out-of-pocket expenses” associated with the 2020 COVID-19 pandemic or the government response thereto. Therefore, if a tenant fails to provide documentation to meet this standard, a Three-day Notice Pay Rent or Quit may be served. HOWEVER, NOTE THE FOLLOWING:

*Some jurisdictions, such as San Mateo County, and the City of San Jose, will require service of an additional notice and information to tenants before serving a notice to pay or quit. **Some jurisdictions, such as Santa Clara and San Mateo Counties, will require temporary rent deferment for qualifying tenants. THEREFORE, PLEASE CONSULT LEGAL COUNSEL BEFORE ISSUING ANY NOTICE. 

  1. Eviction Notices for Other Good Cause may be Served in some Cases.

In addition, some jurisdictions, such as Santa Clara County, now have restrictions on service of “no-fault” eviction notices (as defined in Civil Code 1946.2(b)(2)), whenever the Tenant demonstrates, through verifiable evidence, that the failure to pay rent is directly related to a “substantial loss of income or substantial out-of-pocket expenses” associated with the 2020 COVID-19 pandemic or the government response thereto. Therefore, “no fault” eviction notices can be served when this standard has not been met.

NOTE: Evictions notices based on tenant’s misconduct/fault (such as breach of a written lease, nuisance, subletting, etc.) may be served in other cases (regardless of the tenants’ finances), but in Santa Clara County the notice must specify the reasons and include special notices to the tenant. NOTICES DURING THE PANDEMIC THAT ARE NOT IN COMPLIANCE WITH SUCH REQUIREMENTS WILL BE VOID. THEREFORE, LEGAL ASSISTANCE IS STRONGLY ENCOURAGED.

  1. HOFFMAN LAW GROUP, APC, is available to assist you!

During this crisis, tenants will receive special protection. Thus, landlords and management companies will need to be extra careful in following the changes to the laws and procedures.

HOFFMAN LAW GROUP, APC, can assist you with the following:

  • Evaluating tenant documentation;
  • Preparing Notices to Pay Rent or Quit;
  • Preparing other Termination Notices that meet the new Rules;
  • Negotiating and Preparing Rent Deferment and Repayment Agreements, Moveout Agreements, and Buyouts
  • Preparing Unlawful Detainer Actions

If you have questions or issues you need help with, please do not hesitate to contact our office at info@kirkhoffman.com.