Eviction and Judicial Foreclosure Information

On September 1, 2020, the eviction and judicial foreclosure protections adopted by the Judicial Council of California expired. 

Tenants and landlords in San Luis Obispo County have additional protections from the State of California as a stopgap measure meant to help Californians in need until Federal aid comes through.   

The “Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020” was signed into law in California on Aug. 31, 2020. The key provisions of the legislation include: 

  • Tenants financially impacted by COVID-19 cannot be evicted for missed rent between March and August 31 but must pay 25% of their rent between September 1 and January 31, 2021 to avoid being evicted in February.
  • Evictions for lease violations other than non-payment of rent can proceed on September 2, 2020
  • Renters are legally liable for all missed rent and landlords can pursue missed payments in small claims courts starting March 1, 2021.
  • Small landlords suffering from missed rent payments are also protected from foreclosure.

Specifically, the Act requires lenders who have a first mortgage on owner occupied residences or on tenant occupied residences where the owner owns three residential properties or less, to consider mortgage loan forbearance requests in accordance with certain federal standards and to specify why a forbearance request is denied if the borrower was current on their mortgage as of February 1, 2020 and the borrower declares that he/she is experiencing financial difficulty due to COVID-19.      

The Act also prevents landlords from evicting a residential tenant who has submitted a declaration to the landlord that the tenant is experiencing financial difficulty due to COVID-19 if the tenant pays the landlord twenty five percent of the amounts due between September 1, 2020 and January 31, 2021. The Act also allows landlords who know that their residential tenant is “high income” to provide additional documentation to verify that they are experiencing financial difficulty due to COVID-19. A high-income tenant means a tenant with an annual household income of 130 percent of the median income. Tenants with a household income of less than $100,000 are excluded from this definition. The Act also imposes various notices that landlords must provide to their tenant in order to demand rent between September 1, 2020 and January 31, 2021 or to commence eviction proceedings. Tenants, homeowners and landlords are encouraged to obtain legal advice to understand their rights under the this new law.

This new state law offers protections in all counties in California, including SLO County, and County officials say the County doesn’t need to take further protective actions at this time.

The Centers for Disease Control announced on September 1, 2020 a temporary eviction halt at the national level through December 31, 2020.  More information is available at the Federal Register.