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Nick Pham, Broker

Nick Pham, Broker

Top San Jose Realtor

Eviction Moratorium, Rent Assistance, AB-832 - What You Need to Know!

As many of you know, we have all been one way or another, impacted by the COVID-19 Pandemic since March 2020. As a broker that helps managed a few properties for my investors, it has been my duty to keep up with all the changes with the Laws that affects Landlords and Tenants alike.

California AB-832 is a legislature that aims to assist both. Here is a quick reference to help you navigate and understand better the resources available.

First thing to note is that in order for any landlord to evict a tenant, both landlords and tenants have responsibility and obligations that they must follow. AB-832 is statewide, cities may have their own moratoriums that may be implemented.

For Californian, there are 3 important time periods that are landlord and tenants should remember:

  1. “Protected Period” - March 2020 and August 31, 2020: Tenant CANNOT be evicted for unpaid rent, provided they delivered a signed declaration attesting to COVID-19 related financial impacts
  2. “Covered Period” - September 2020 and September 30, 2021: Tenant CANNOT be evicted for unpaid rent, if:
    1. They delivered a signed declaration (form is supposed to be provided by the landlord to tenants with unpaid rent with any Notice to Pay), attesting to COVID-19 related financial impacts to their landlord, AND
    2. At least 25% of the total rent during this period (paid to the Landlord by September 30, 2021)
  3. “Recovery Period” – October 1, 2021 and March 31, 2022: Landlord and tenant should follow the guideline of AB-832
    1. Tenants who continue to be financially impacted by COVID-19, may apply for rent relief at any time during the Recovery Period
    2. A Tenant must submit an application for rent relief within 15 business days to be protected, if the landlord serves a Notice to Pay
    3. While the application is pending the landlord CANNOT have a summons issued on Unlawful Detainer lawsuit (an eviction notice)
    4. In order to receive Rent Assistance, please keep in mind that you will be required to prove your financial hardship! You may be required to provide your 2020 tax return, W-2, 1099, paystubs, bank statements, etc.

A Landlord must demonstrate efforts to apply for rent relief and/or show that tenant was denied rent relief or that tenant failed to complete an application started by Landlord, before a summon is issued.

Important notes to keep in mind:

  • No judgment entered unless court finds landlord tried to get rental assistance and could not. CCP § 1179.11(c)
  • Copy of attestations and final decision regarding rental assistance must be served with summons. CCP § 1179.11(d), (e)
  • Tenant can provide verification that they have an approved application for rental assistance that would cover the debt claimed
  • Tenant rent relief application can be made any time before possession given to the landlord!
  • Most tenancies in Santa Clara County are covered by either local or State Just Cause protections! Just Cause means the landlord must have a legal reason to end the tenancy.
  • There are “no fault” causes and “at fault” causes that all landlord should understand

If you live in Santa Clara County, there are several resources for both landlord and tenants:

On a personal note, I would like to wish everyone well. As we all wait patiently for everything to be back to normal.

If you seeking an experienced Real Estate Professional/Property Manager to help you with your investment needs, feel free to contact me @ 408.425.5304, nick@nickpham.com, your Top San Jose Realtor.

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