Moratoriums on Residential Evictions

Tenants who can’t pay their rent because of COVID-19 continue to have protections against eviction.

NEW STATE AND FEDERAL EVICTION MORATORIUMS:

The City of Santa Ana's moratorium on evictions due to non-payment of rent related to financial impacts from COVID-19 expired on Sept. 30, 2020, the latest date allowed under Gov. Gavin Newsom's executive orders. However, a new California law enacted a statewide eviction moratorium for residential tenants, and the federal Centers for Disease Control and Prevention also ordered a national residential eviction moratorium to prevent crowding in homes, which could lead to further spread of the coronavirus.

California Eviction Moratorium: No residential tenant can be evicted before Feb. 1, 2021, as a result of rent owed due to a COVID-19 related hardship accrued March 4 to Aug. 31, 2020, if the tenant provides a declaration of hardship according to the legislation’s timelines. For a COVID-19 related hardship that accrues between Sept. 1, 2020, and Jan. 31, 2021, tenants must also pay at least 25 percent of the cumulative rent due to avoid eviction. Tenants are still responsible for paying unpaid amounts to landlords, but those unpaid amounts cannot be the basis for an eviction. The legislation also extends anti-foreclosure protections in the Homeowner Bill of Rights to small landlords.

More information and declaration forms are available here.

Federal Eviction Moratorium: The Centers for Disease Control ordered a temporary halt in residential evictions to prevent the further spread of COVID-19 through Dec. 31, 2020. Tenants must provide an executed copy of a declaration form (or a similar declaration under penalty of perjury) to their landlord, owner of the residential property where they live, or other person who has a right to have them evicted or removed from where they live.

More information is here.

Declaration Form is available here.

Frequently Asked Questions (English) (Updated September 14, 2020)

Frequently Asked Questions (Spanish) (Updated September 14, 2020)

Frequently Asked Questions (Vietnamese) (Updated September 14, 2020)

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