Tenants Rights As Landlords Start To Make Left Turns

If you're a tenant and confused over what your home rights are, now that landlords are ramping up to run evictions, try push rent increases etc. please read this by Tenants Together:

People around the country are losing wages due to illness, caring for children at home due to school closures, or as a result of shelter-in-place orders. Federal, state, and local governments are falling behind in passing legislation that meets the needs of our community, and keeps member protected against the homelessness, economic, and health crisis that pervades our neighborhoods.

 

It’s important to note that eviction is a process. TENANTS DO NOT NEED TO IMMEDIATELY LEAVE THEIR HOME WHEN THEY RECEIVE AN EVICTION NOTICE. Landlords locking out, intimidating, or evicting tenants outside of the court process are against the law. Do not leave your home! 

 

Tenants in the state of California do have some protections detailed below to avoid evictions due to rent debt and other COVID-19 impacts on their household. We know these protections are not enough. Please sign our petition to demand Governor Newsom enact a REAL moratorium on evictions for the remainder of the state of emergency.

 

Below is a complete set of resources for anyone who is suffering from financial hardship, unable to pay rent, facing eviction, or looking to organize in their building or community. If you have difficulty finding a local tenant organization or do not qualify for legal aid, you can always call the Tenants Together hotline at (888) 495-8020. Our volunteer counselors are experiencing a severe backlog, but will order cases by level of urgency. We serve all California tenants regardless of income or immigration status.

1. Know Your Rights FAQ
2. Federal Center for Disease Control (CDC) Eviction Protections 
3. California Tenant Relief Act of 2021 (SB 91) & State-Level Eviction Protections
4. State of California Rent Relief Program (ERAP) & Other Rental Assistance Programs
5. Local City & County Eviction Protections
6. Mutual Aid for Communities  

For additional resources related to unemployment filings, Disaster Relief Assistance for Immigrants (DRAI) program, mental health helplines, and other resources not directly related to your tenancy, read our COVID-19 mutual aid guide here.

Know your rights

Click on each option if you are having a problem with: 

• A rent increase
• An eviction notice or lease termination
• A discrimination or reasonable accommodation issue
• Unfair late fees

What are my protections at the state level? Senate Bill 91, effective February 1, 2021, states that:

• Tenants cannot be evicted for ANY rent they were unable to pay starting in March 1st and through August 31st, 2020. However, landlords can take you to small claims court for the owed rent during said time frame begining August 1st, 2021.
• If tenants are currently unable to pay full rent from September 1st, 2020 through June 30, 2021, your landlord still may not evict you so long as tenants complete the following:
  • Tenant must provide landlord with a declaration of impacts COVID-19 has had to their household, within 15 days of receiving a nonpayment of rent eviction notice from their landlord.  For proof of documentation tenants are recommended to send by certified mail. 
  • Tenants must pay a minimum of 25% of rent for the months of September 2020 through June 2021 no later than June 30th, 2021. The 25% payment can be made as installments or in one lump sum so long as your 25% payment is made by January 31st, 2021.
• On July 1, 2021, tenants are expected to pay their rent in full to avoid eviction.
• Starting August 1, 2021, landlords can take tenants to small claims court for unpaid COVID-19 rent debt accurred March 1st, 2020 to January 31st, 2021.  
• Until July 1st, 2021, landlords must give a just-cause reason to evict a tenant in California per the protections outlined in AB 1482.  
• Other types of evictions will proceed, including no-fault and Ellis Act evictions. This is a loophole we are fighting to close! You may be able to access stronger protections at the local level. 

Our full presentation about SB 91 can be found here.

What are my federal protections What does the CDC order do? The Centers for Disease Control (CDC) order was issued on September 4, 2020 and expires on June 30, 2021. The CDC order covers renters who expect to make less than $99,000 in income in 2020, received a stimulus check, or is "likely to become homeless or live in close quarters" if they are evicted. This covers evictions for inability to pay rent in full and other types (like no-fault evictions) as well. The CDC order asks that you make "timely partial payments as close to the full rent" as you can.

 

Learn more about the CDC moratorium here at the National Low Income Housing Coalition's website.

 

I CAN pay 25% or more of my rent. What should I do to protect myself from eviction? If you receive a written eviction notice citing your inability to pay rent as the reason, submit this declaration of hardship to your landlord as soon as possible. If you receive a verbal notice, you should send an illegal notice response to your landlord. You are supposed to file these monthly for each month you cannot pay.

I CAN'T pay 25% of my rent owed. How do I tell my landlord? If you meet the requirements listed above under "What does the CDC order do?", you may be protected under the CDC order, which functions as a "floor" for protections. If you are not adequately covered by AB 3088 or local protections, consult the federal order. If you make under 80% of the Area Median Income for your area, you will qualify for rent relief funds beginning in March 2021 for up to 25% of your owed rent, even if your landlord refuses to participate in the rent relief program (more details below).

What documentation should I save? If you can get in touch with your employer or former employer, have them sign this form and submit it to your landlord. Make sure you keep a hard copy for yourself. If you cannot obtain documentation from an employer about a loss of income, keep any records of a job loss, unemployment applications, or any other paperwork that you can keep on hand. You can also use the form at NoRent.org, compiled by tenant organizers across the country, to have a letter pre-filled out for you.

My landlord is asking me to move out. What do I do? Do NOT move out immediately! It is illegal for the landlord to physically remove you from your home, unless you have received an order to leave from a court AFTER an eviction case has taken place in that court. Receiving an eviction notice does NOT mean you have to move out. Contact a tenant or legal aid organization immediately if your landlord is harassing you, or pressuring you to move.

My landlord wants to increase my rent by more than 10%. This is illegal during the state of emergency for new and existing tenancies under California Penal Code Section 396. This includes both the COVID-19 state of emergency but also any county-level states of emergency related to wildfires in California. If your landlord puts forward an agreement with a rent increase, do not sign anything. Use this sample letter to notify your landlord and keep a copy. Lastly, the cost of hotel rooms is covered under the state of emergency provision as well. You can learn more about your price-gouging protections at the state Attorney General website.

I have notified my landlord that they cannot increase my rent above 10%, but they are trying to do so anyway. Contact a local legal aid hotline, the Tenants Together hotline, or a local tenant organization if your landlord pushes back. Keep all documentation of communication between you and your landlord handy. Use this link to file a consumer complaint immediately with the state Attorney General.

My landlord is asking me to sign a rental agreement to readjust my rent. Do not sign any new agreements with provisions that you find questionable, without consulting a local organization first. If your landlord is asking for a repayment agreement related to a COVID-19 stimulus check, do not sign. You are under no obligation to turn over any stimulus or unemployment money from the government to your landlord in a written agreement.

My landlord has filed an eviction that isn't related to me not paying my rent in full, but I am at risk if I leave. You may be protected by the CDC order until January 1, 2021. If you are NOT being evicted for any of these 5 reasons: (1) violating a lease agreement (other than nonpayment of rent), (2) criminal activity, (3) threatening health and safety of other tenants, (4) damaging property, (5) violating health & safety code, the CDC order protects you from eviction. We believe the CDC order should prevent "no-fault" evictions.

We now have a text helpline for shared resources for renters facing economic hardship and other COVID-related issues. Text HELPLINE to (650) 600-7821 for a list of basic resources, but please contact our normal hotline via phone if you are facing an issue that requires tenant counseling on your rights.

Organize your block

My landlord is threatening to lock me or a member of my community out of my/their apartments. This is illegal! It is known as a "self-help" eviction because the landlord is not using the court process as they are required to by law. If this is happening to you, contact a tenant or legal aid organization right away. If you want to learn how to organize your building, your neighbors and your community against illegal lockout evictions, Tenants Together is hosting lockout organizing trainings. A copy of the slideshow materials from those trainings can be found here. Feel free to share it with your neighbors, too!

I would like to form a tenant association or tenant union in my building, block or community. How can I do this while remaining socially distanced? A helpful first step is to print out flyers in your building or block, collect phone numbers or emails, and conduct socially distanced tenant meetings, including via phone or computer if you and your neighbors have access. Our guide to running a socially distanced tenant meeting is here.

Where can I find counseling resources explaining the different eviction protections and orders? Our bilingual presentation is here, which provides several tenant counseling scenarios and explains in depth the various protections at the local, state, and federal levels, including AB 3088 and the CDC order. This is a more technically advanced presentation, but feel free to share with anyone in your community who finds it useful.

Where can I find a list of local protections that may apply to my area? Use our COVID-19 local protections tracker here. Tenants Together staff and organizers update this tracker regularly as new protections are passed or old emergency protections expire.

Where can I find a tenant or legal aid organization near me? Use our directory of local organizations. Joining a local tenants' union is the best way to protect yourself and your neighbors from eviction before one happens.

Join the movement

Is there statewide legislation I can support? The state legislature is currently not in session, but we will update this page in the future as we work on new demands for January 2021.

How can I join the campaign to #CancelRent and #CancelMortgages? 75% of Californians who believe our state needs to #CancelRent and #CancelMortgages. First step: sign our petition to Governor Newsom! Every other Tuesday from 5:30-7:30PST, Tenants Together hosts #CancelRent organizing calls in English and Spanish with tenants and organizers across the state. We focus on collective organizing support and tenant clinics / counseling support. Click here to register and join! If you're a member of an existing tenant formation and you'd like to become a member of Tenants Together, let us know by emailing info@tenantstogether.org.

I'm not in California but I want to participate in the national movement to #CancelRent and #CancelMortgages. We are a member of the national Right to the City Alliance, whose Homes for All campaign is leading the fight on a national level. Homes For All hosts #BeyondRecovery organizing and advocacy trainings related to the COVID-19 pandemic weekly. You can sign up for the workshops here.

How do I spread the word about tenants' rights during COVID-19 and the #CancelRent campaign? Follow Tenants Together on Facebook, Instagram, and Twitter, and click here to access shareable social media graphics from our public Google Drive that you can use from your personal accounts. Make sure to tag @TenantsTogether when you share!