You cannot be evicted before October 3, 2021 if you fulfill specific financial standards, are late on rent, and live in a county with a high percentage of COVID-19 cases. Despite the fact that the state eviction moratorium expired on June 30, the Governor extended several safeguards for renters with unpaid rent as a result of COVID-19. The new rules allow courts to defer hearings on rental payments until September 15 at the earliest and prevent landlords from proceeding with eviction proceedings while tenants are out of work due to layoffs or temporary furloughs.
In addition, the new rules allow for delayed foreclosure sales if lenders can show that they would have been able to recover their losses through other means. Finally, the new rules give courts authority to extend certain protections to tenants who may not otherwise qualify for a moratorium but who face imminent danger of homelessness if immediate action is not taken by the court.
These new rules are expected to save hundreds of thousands of people from becoming homeless. They also provide some relief for those who might otherwise become vulnerable to COVID-19 because they cannot pay their rents. However, it is important to note that these are only extensions of existing law and do not create any new rights for tenants. In other words, tenants still lose their homes if they don't pay their rent.
Evictions will continue to be possible under the existing legal standard once this emergency has passed.
According to the law, no tenant can be evicted before June 30, 2021 because of rent unpaid due to a COVID-19-related hardship that occurred between March 4 and August 31, 2020, if the tenant submits a declaration of hardship within the dates specified in the legislation. The declaration must be submitted in writing by certified mail or in person by an agent authorized to accept service for the landlord.
In addition, tenants cannot be evicted for nonpayment of rent due to the same type of hardship. Both the tenant and the landlord have until June 30, 2021, to agree on new terms for continued occupancy. If they do not, then the tenant is reinstated as of the date he/she was originally scheduled to vacate the premises.
Evictions can only take place after the end of the moratorium if the tenant is still unable to pay his/her rent or if the landlord decides to file an eviction lawsuit. In this case, judges will be able to issue orders preventing people from being removed from their homes if there is a risk of them falling sick due to a lack of accommodation.
The legal framework regarding evictions is found in California's Eviction Procedures Act of 2019 (the "Act"). The Act prohibits landlords from evicting tenants for any reason other than those listed in its provisions.
The government eviction moratorium will be in effect until October 3, 2021. If you have been affected by COVID-19, the moratorium halts evictions exclusively for unpaid rent. You must state that the following are true in your situation: Your individual income is less than $99,000, and your joint income is less than $198,000; you are having difficulty paying your rent because of the impact of the pandemic; and you have attempted to work with your landlord to resolve the issue.
In addition, if you are a federal employee or a contractor working on federal contracts, then your employer may request an extension from its normal policy. The length of these extensions can vary but usually last for some time after the crisis has ended. For example, one housing authority in Washington state told employees that they could submit requests for eviction delays of up to six months. Employees who were unable to pay their rent during this period would still be responsible for doing so once the moratorium was over.
Federal law provides certain protections against eviction for people who are disabled or older than 62 years old. Additionally, if you are a military service member or veteran, you have additional rights regarding your rental agreement. These issues should be addressed with your landlord and/or agency before you become homeless due to COVID-19.
If you are facing eviction in Washington state, we recommend that you not try to resolve the issue yourself by stopping payment on your rent. Doing so might cause the process to move forward in the meantime.
Until Oct. 1, 2021, landlords in the state can evict renters only for legally acceptable reasons. After then, unless the moratorium is extended again, renters may face evictions for unpaid rent. However, this does not mean that everyone who lives in a rental unit will be able to stay there forever. Under California law, tenants are protected from being forced out of their apartments unless the landlord can prove that they have committed some kind of crime or otherwise violated their lease.
In addition to being able to be evicted for cause, tenants also have rights regarding repairs to their units. These include having a working shower (not just one that runs if you put money into it), functioning heat/air conditioning, and clean cooking facilities. If you believe that your unit isn't up to code, contact your landlord immediately so that repairs can be made before you're forced out.
If you're being threatened with an eviction, you should speak with a lawyer who specializes in tenant's rights. A good attorney will be able to help you understand what your legal options are and find a way around any obstacles that your landlord may be trying to throw up. You shouldn't have to move even though you don't want to because you can't afford the rent or you're worried about finding another place to live.