Moratorium on Residential and Commercial Evictions

On March 17, 2020, following the declarations of emergency by the federal and state governments due to the global Coronavirus (COVID-19)  pandemic,  the City of Santa Ana proclaimed a local emergency to help further preserve the health and safety of its residents during the pandemic.  The City’s declaration authorized the City Manager to establish a moratorium on residential and commercial evictions or foreclosures of tenants unable to pay rent or mortgages due to financial impacts caused by the Coronavirus Disease 2019 (COVID-19). On March 19, 2020, the City Manager issued an Executive Order that officially imposes the moratorium.  On March 27, 2020, California Governor Newsom issued Executive Order N-37-20 relating to residential evictions.

On June 30, 2020, the City Manager issued an Executive Order extending the moratorium on residential and commercial evictions through July 28, 2020.  The extension was permitted by California Governor Gavin Newsom’s extended Executive Order N-66-20 that authorizes local governments to impose such eviction moratoriums through July 28, 2020.

The Executive Orders by the City Manager and Governor Newsom:

  • Halts evictions due to non-payment of rent by residential and commercial tenants impacted by the novel Coronavirus (COVID-19) from March 19, 2020 through July 28, 2020
  • A landlord cannot charge or collect a late fee for rent in these circumstances.
  • Tenants should take steps to notify the landlord before the day rent is due in order to gain the protections of the Executive Order.  For residential tenants, pursuant to Executive Order N-37-20 issued by the Governor, prior to rent being due or at the latest within 7 days after the due date for rent, a tenant must notify the landlord in writing of lost income and inability to pay due to COVID-19 impacts.  Commercial tenants, however, will have 30 days after the due date for rent to notify the landlord in writing of lost income and inability to pay due to COVID-19 impacts.
    • Please note that the eviction moratorium issued by the City of Santa states that residential and commercial tenants must provide notice to their landlord of their inability to pay rent within 30 days after their due date for rent. Executive Order N-37-20, which was issued after the City’s eviction moratorium states that the notice to residential landlords must be provided within 7 days after the due date for rent. In an abundance of caution, it is urged that residential tenants comply with the state’s 7 day deadline.
  • The eviction moratorium does not relieve affected tenants of their responsibility to pay rent or for any unpaid rent during the moratorium.  Once the moratorium is over, a landlord may collect any unpaid rent, but may not charge late fees. Tenants will have up to 6 months following the expiration of the local emergency to repay any back rent due. 

Without endorsing any of these, the following are resources you can contact for further information about pro bono or affordable legal assistance:

The Public Law Center

www.publiclawcenter.org

(714) 541-1010

Community Legal Aid So Cal

www.communitylegalsocal.org

(714) 571-5200

Orange County Bar Association

www.ocbar.org (Click “Need a Lawyer?” link)

(949) 440-6747 or (877) 257-4762