With millions of Californians out of a job because of the coronavirus pandemic, hundreds of thousands are struggling to pay rent just as extra federal unemployment benefits have expired, leaving them worried about what happens when eviction bans lift. The state Judicial Council on Thursday voted to end its statewide moratorium, allowing courts to begin processing evictions after midnight Sept. 1. However, more than 100 California cities and counties have enacted their own eviction bans.
An important thing to keep in mind before navigating eviction bans is that cities and counties often offer two layers of protection. If your city and county have both enacted bans, the strongest protections take precedence, according to county officials and tenants advocates.
Here are key Bay Area eviction bans, what they cover and when they’ll expire.
Santa Clara County
Residents of Santa Clara County are protected from eviction through August 31. The Board of Supervisors is expected on August 25 to consider options for extending the moratorium. Tenants need to provide proof that their inability to pay is due to a pandemic-related loss of income, and providing such proof at any time during the eviction process will stop the eviction from going forward. Accepted documents include bank statements, pay stubs and letters from employers. Tenants will have up to six months after the ban is lifted to repay half of their past-due rent, and one year to repay in full. Landlords won’t be able to charge late fees for rent payments deferred as a result of the moratorium. See this link for more resources.
City of San Jose
The City of San Jose’s moratorium is set to expire on August 31. Although just-cause evictions not related to the pandemic are allowed under the city ban, tenants are still protected from such evictions by the county order if they are able to provide documentation proving substantial COVID-related financial loss. Tenants will have up to six months to repay half of the past-due rent, and one year to repay in full.
City of Palo Alto
Palo Alto’s moratorium will be active until the city lifts its state of emergency. Landlords are prohibited from taking actions to evict tenants who demonstrate COVID-19-related loss of income. The city gave tenants 120 days to pay back unpaid rent from the time the emergency is lifted. However, the countywide moratorium supersedes this by giving tenants up to six months to pay back half the amount due, and 12 months to pay in full.
City of Mountain View
Mountain View’s eviction ban is set to expire August 31. Tenants need to notify their landlord of their inability to make a payment within one week after rent is due and provide documentation proving a pandemic-related loss of income within 14 days. Here is additional information.
City of Sunnyvale
The city adopted a ban prohibiting residential evictions for those unable to pay rent until the local health emergency is lifted. Tenants must provide landlords with proof of pandemic-related financial loss and will have 180 days to pay back unpaid rent. However, the countywide moratorium supersedes that by giving tenants up to six months to pay half the amount due, and 12 months to pay in full. Click here for more information.
Alameda County
Alameda County has banned evictions through December 31, or 60 days after the local health emergency is lifted, whichever comes later. The county also banned all eviction notices. Tenants will have up to one year to repay late rent in full. For the ban to offer absolute protection, tenants must provide documentation showing COVID-related impact. Otherwise, three exceptions can warrant an eviction, including cases in which a landlord wants to take the unit off the rental market. See this link for additional resources.
City of Oakland
The moratorium will end once the city lifts its state of emergency. It adds layers of protection on top of the county eviction ban, including a ban on rent increases over 2.7 percent for all units protected under the Rent Adjustment Ordinance, as well as protection from eviction if you’re housing additional people into your unit for pandemic-related reasons as long as the total number of occupants doesn’t exceed legal limits.
City of Hayward
The City of Hayward enacted a moratorium on evictions for failure to pay rent or make mortgage payments due to COVID-19 hardship. The ban lasts through September 30, but the Alameda County moratorium will protect renters through the end of the year. See this link for more housing resources, including expanded mediation services provided by the city to help tenants and landlords navigate payment negotiations.
City of Fremont
The Fremont moratorium will last until 30 days after the local state of emergency expires, although the county ban gives protection until at least December 31. To qualify, tenants have to demonstrate substantial hardship caused by COVID-19. Landlords are prohibited from shutting off utilities in retaliation. Fremont gave tenants 180 days to pay back unpaid rent. However, the countywide moratorium provides up to 12 months to pay back the full amount.
Contra Costa County
Contra Costa County’s eviction moratorium goes through September 30 and prohibits evictions for non-payment of rent, evictions without cause, and evictions based on tenants allowing additional family members to live with them due to the pandemic. However, landlords are still allowed to evict tenants for other reasons, including removing the residence from the rental market. Tenants have to give landlords notice and documentation proving COVID-related hardship within 14 days after rent is due. Tenants have to pay back the entirety of the late payments on or before January 31, 2021. The moratorium also freezes rent for some renters, including those living in buildings older than 15 years.
City of Concord
The Concord moratorium expires September 30 and protects renters from evictions for failure to pay rent. Tenants have three days after rent is due to provide proof of pandemic-related loss of at least 20 percent of their monthly income. The city order adds a layer of protection by giving renters a 90-day repayment window for each month where payment is late, starting after the moratorium expires. That means if you are three months late on rent, you’ll have 270 days to repay the full amount; if you are four months late, you’ll have 360 days. Landlords may not charge late fees or raise the rent in most cases. For additional resources see this link.
City of Richmond
The city moratorium expires September 30 and prohibits all types of evictions unless necessary for health and safety reasons. Tenants need to notify landlords of COVID-related inability to pay within 30 days after rent is due. The Richmond moratorium grants renters a full year from the end of the moratorium to pay back late rent in full. Landlords are also prohibited from increasing rent for most residential properties. For additional resources and information, see this link.
City of Antioch
Residents are protected under the county moratorium.
City of Walnut Creek
Tenants are protected under the Contra Costa County moratorium. See here for more information and resources.
San Mateo County
The county moratorium is set to expire August 31 and bans all types of evictions except those relating to the health and safety of the tenants or landlord. Tenants must demonstrate their inability to pay rent is due to the pandemic and must pay as much of the rent as they can. Tenants have up to six months after the expiration of the moratorium to pay back half of the total rent due, and one year to repay in full.
Redwood City
Redwood City tenants are protected under the county moratorium. Get more information and resources here.
City of San Mateo
The City of San Mateo enacted a special eviction ban for small businesses and nonprofit organizations. The county moratorium applies to all residential tenants. Here is more information and resources.
Daly City
Daly City residents are protected under the county moratorium. Here is more information and resources.
San Francisco
San Francisco has enacted a moratorium through August 31 that prohibits anyone from being evicted, including evictions already in process, unless they are necessary due to violence or health and safety. Tenants will have until February 28, 2021 to pay back late rent in full. Landlords cannot increase rent in city-regulated or rent-controlled units before September 30, and cannot charge late fees or interest on late payments. See this link for details and resources.
Santa Cruz County
The county eviction ban has expired, but tenants are still protected under the statewide Judicial Council ban, set to expire on August 14.
City of Santa Cruz
The city moratorium is in effect until August 13. Tenants must give their landlords documentation proving substantial COVID-related financial loss and will have up to six months to repay in full.
