California Code of Civil Procedure 1179.03 – (a)(1) Any demand for rent payment due to COVID-19… » LawServer (2023)

(a)(1) Any notice requiring payment of COVID-19 Rent Debts that have been settled pursuant to subsection (e) ofSection 798.56 of the Civil Codeor Paragraph (2) or (3) of Section 1161 is amended in accordance with the requirements of that Section. A notice that fails to meet the requirements of this Section, regardless of when the notice was issued, shall not be sufficient to create a cause of action of illegal holder or a basis for a default judgment.

(2) Any case based solely on a termination requiring payment of COVID-19 rent arrears that have been settled pursuant to subsection (e) ofSection 798.56 of the Civil CodeEither paragraph (2) or (3) of Section 1161 may be dismissed if the notice does not meet the requirements of this section, regardless of when the notice was issued.

(3) Notwithstanding paragraphs (1) and (2), this Section shall have no effect if the owner has lawfully regained possession of the propertyPropertyor received a judgment of possession of the property prior to the effective date of this section.

(b) If the termination requires payment of rent that is due during the protection period under Section 1179.02, the termination must meet all of the following requirements:

(1) The period within which the tenant can pay the amount owed or hand over possession of the property must not be less than 15 days, excluding Saturdays, Sundays and other public holidays.

(2) The notification must contain the amount of the rent demanded and the date on which it is due.

(3) Notice of termination shall notify Renter that it cannot be vacated for failure to comply with notice if Renter provides Owner with a signed affidavit of financial hardship related to COVID-19 on or before the due date of notice of termination. Article. Lease or dismissal or notice of termination or dismissal shall be terminated by any of the methods specified in subsection (f).

(4) The notice must contain the following text in at least font size 12:

“CALIFORNIA STATE NOTICE: If you are unable to pay the amount requested in this notification and experience a decrease in income or an increase in expenses due to COVID-19, notify your landlordÖThey cannot terminate you for this back payment if you sign the declaration form that accompanies your termination and mail it to your landlord within 15 days, excluding Saturdays, Sundays and other court holidays, but you still owe your landlord this money. If you do not sign and return the declaration within this period, you may lose the eviction protection available to you. You must return this form in order for it to be protected. You should keep a copy or photo of the signed form for your records.

You still owe the landlord that money and can be sued for the money, but you cannot be evicted from your home if you meet these eligibility requirements. You should carefully keep track of what you have paid and what amounts you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may subject you to an unlawful arrest (eviction).

See lawhelpca.org for information on legal resources that may be available to you.”

(c) If termination requires payment of rent due during the transition period, as defined in Section 1179.02, termination must satisfy all of the following conditions:

(1) The period within which the tenant can pay the amount owed or hand over possession of the property must not be less than 15 days, excluding Saturdays, Sundays and other public holidays.

(2) The notification must contain the amount of the rent demanded and the date on which it is due.

(3) The notice shall notify the tenant that he will not be vacated for failure to comply with the notice, except as permitted under this chapter, if the tenant provides the landlord on or a signed affidavit of financial hardship in connection with COVID-19 submitted prior to the expiration date of the Rent Payment or Termination Notice or notice of termination by any of the methods specified in subsection (f).

(4) For notifications sent before February 1, 2021, the notification must contain the following text in at least 12 points:

“CALIFORNIA STATE NOTICE: If you are unable to pay the amount requested in this notification and are experiencing a decrease in income or an increase in expenses due to COVID-19, you may sign the Declaration Form included in your notification and send it to your return to lessor within 15 days, excluding Saturdays, Sundays and other public holidays, and your lessor cannot terminate you for non-payment as long as you make the minimum payment (see below). You owe the money to your landlord. You should keep a copy or photo of the signed form for your records.

If you provide your landlord with the declaration form as described above AND pay an amount equal to at least 25% of any rental payment due or due in the period of January 1 through September 1, 2020 on or before January 31, 2021 and January 31, 2021 that you are unable to pay due to reduced income or increased expenses due to COVID-19, your landlord cannot terminate you. Your landlord may require you to submit a new return form for any unpaid rent payment due between September 1, 2020 and January 31, 2021.

For example, if you provided your landlord with a declaration form of a decrease in your income or an increase in your expenses due to COVID-19 that prevented you from paying rent in September and October 2020, your landlord cannot terminate you if on or Have made a payment equal to 25% of your September and October rental payment (i.e. half) before January 31, 2021mesRental). If you failed to make rent payments due between September 1, 2020 and January 31, 2021 and provided your landlord with a statement of every 15 day's notice during that period, your landlord could not evict you if you evicted the landlord on or before January 31, 2021 January 2021 have paid an amount equal to 25% of all rent payments (i.e. one and a half months rent) due from September to January.

You still owe the landlord the full rent but cannot be evicted from your home if you meet these requirements. You should carefully keep track of what you have paid and what amounts you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may subject you to an unlawful arrest (eviction).

See lawhelpca.org for information on legal resources that may be available to you.”

(5) For notices sent from February 1, 2021 and before July 1, 2021, the notice shall contain at least the following text in size 12:

“CALIFORNIA STATE NOTICE: If you are unable to pay the amount requested in this notification and are experiencing a decrease in income or an increase in expenses due to COVID-19, you may sign the Declaration Form included in your notification and send it to your return to lessor within 15 days, excluding Saturdays, Sundays and other public holidays, and your lessor cannot terminate you for non-payment as long as you make the minimum payment (see below). You owe the money to your landlord. You should keep a copy or photo of the signed form for your records.

If you provide your landlord with the declaration form as described above AND pay on or before June 30, 2021 an amount equal to at least 25% of any rent payment that was or will be due in the period between June 1 and September 1, 2020 and June 30, 2021 that you are unable to pay due to reduced income or increased expenses due to COVID-19, your landlord cannot terminate you. Your landlord may require you to submit a new return form for any non-compliant rent payment due between September 1, 2020 and June 30, 2021.

If you were unable to pay your rent payments due between September 1, 2020 and June 30, 2021 and you have provided your landlord with explanations in response to any 15-day notice your landlord sent you during that period your landlord cannot evict you if you paid the landlord an amount equal to 25% of all rent payments due from September 2020 through June 2021 on or before June 30, 2021.

You still owe the landlord the full rent but cannot be evicted from your home if you meet these requirements. You should carefully keep track of what you have paid and what amounts you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may subject you to an unlawful arrest (eviction).

YOU MAY QUALIFY FOR RENTAL ASSISTANCE. In addition to expanding this clearance protection, theTo expressof California, in partnership with federal and local governments, created an Emergency Rent Assistance Program to help renters who have been unable to pay their rent and utility bills as a result of the COVID-19 pandemic. This program can help you recover your rent arrears. In addition, depending on the availability of funds, the program can also help you with future rent payments.

Although not everyone is eligible for this assistance, you can apply regardless of your citizenship or immigration status. Applying for or receiving this support is free of charge.

For more information on the extension of the COVID-19 Tenant Relief Act and new state or local rental assistance programs, including more information about how to qualify for assistance, visit http://housingiskey.com or call 1-833-422 -4255."

(6) For notices sent on or after July 1, 2021 and before April 1, 2022, the notice shall contain at least the following text in size 12:

“CALIFORNIA STATE WARNING: YOU MUST ACHIEV STEPS TO AVOID WITHDRAWAL. If you are unable to pay the amount requested in this notice due to the COVID-19 pandemic, take immediate action.

IMMEDIATELY: Report signed and returned to your landlord within 15 days, excluding Saturdays, Sundays and other public holidays. Sign and return the declaration, even if you have already done so. You should keep a copy or photo of the signed form for your records.

BY SEPTEMBER 30, 2021: Pay your landlord at least 25% of the unpaid rent between September 1, 2020 and September 30, 2021. If you need help paying this amount, apply for rental assistance. You still owe your landlord the rest of your rent, but as long as you pay 25% by September 30, 2021, your landlord can't evict you for not paying the rest of your rent. You should carefully keep track of what you have paid and what amounts you still owe to protect your rights and avoid future disputes.

As soon as possible: Apply for rental assistance! Funds have been allocated as part of California's COVID-19 Relief Plan to help tenants who are behind on rent or utility payments. If you are behind on rent or utility payments, YOU MUST FILL IN AN APPLICATION FOR RENT ASSISTANCE IMMEDIATELY! It's free and easy to use. Citizenship or immigration status is irrelevant. You can find out how to start your application by calling 1-833-430-2122 or visiting http://housingiskey.com immediately.”

(7) For notifications sent from April 1, 2022 and before July 1, 2022, the notification must contain at least 12 points of the following text:

“NOTICE FROM THE STATE OF CALIFORNIA:

Disadvantage:

(1) Before October 1, 2021, you paid your landlord at least 25% of the rent lost between September 1, 2020 and September 30, 2021 and signed each and every one of the COVID-19-related hardship declarations in good time and sent them back to you by your landlord ,

Ö

(2) submitted an application for government rent assistance by March 31, 2022,

You may have eviction protection.

See lawhelpca.org for information on legal resources that may be available to you.”

(d) An unsigned copy of a COVID-19 Financial Hardship Statement must accompany any notice given to a Renter to whom sub-paragraph (b) or (c) applies. Is the landlord obliged, accSection 1632 of the Civil CodeIn order to provide a translation of the lease or rental agreement in the language in which the lease or contract was negotiated, the landlord must also provide the tenant with an unsigned copy of a statement of financial hardship related to COVID-19 in the language in which the contract or agreement was negotiated. a contract or agreement has been negotiated. The Department of Housing and Community Development will provide an official translation of the text required in paragraph (4) of subsection (b) and paragraphs (4) through (6) of subsection (c) in the languages ​​specifiedSection 1632 of the Civil Codeuntil July 15, 2021.

(e) If a Renter has a COVID-19 Rent Debt to which subsections (b) and (c) apply, Owner must file two separate notices corresponding to subsections (b) and (c), respectively.

(f) A Renter may provide the Owner with the COVID-19-Related Financial Hardship Statement in any of the following ways:

(1) Empeople, if the landlord gives an address in the notice of termination where the statement can be handed in personally.

(2) By electronic transmission, if the landlord provides an e-mail address in the notice of termination to which the statement can be sent.

(3) By U.S. mail to the address provided by the owner in the notice. If the lessor fails to provide an address in accordance with paragraph 1, it is finally presumed that the lessee's statement has been sent to the address given by the lessor by post when the lessee sends the statement to the address specified by the lessor can prove the address given by the owner.

(4) By any of the same methods Renter may use to make payment in accordance with the Notice, if delivery of the statement is possible in this way.

(g) Except as provided in Section 1179.02.5, the following applies to a lessee enforcing payment within 15 days of the notification specified in subsection (b) or (c), excluding Saturdays, Sundays and other public holidays of COVID-19 Rent Debt provide the landlord with a statement of financial hardship related to COVID-19 using any of the methods provided in subsection (f):

(1) With respect to a notice of termination given pursuant to subsection (b), Renter shall not be deemed to be in default of any COVID-19 Rent Indebtedness for the purposes of subsection (e) ofSection 798.56 of the Civil Codeor paragraphs (2) and (3) of Section 1161.

(2) In relation to a notice under paragraph (c), the following shall apply:

(A) Except as provided in subparagraph (B), the Owner shall not bring any wrongful detention action before October 1, 2021.

(B) A Renter is not and will not be guilty of any wrongful withholding based on non-payment of any COVID-19 rent due during the Transition Period if the Renter makes one or more earlier payments on or after September 30, 2021 totaling or not less than 25 percent of each required interim rental payment in one or more notices pursuant to subsection (c) and for which Renter has complied with this subsection, provide a financial statement related to the COVID-19 Hardship Statement by the time ended Landlord.

(h)(1)(A) Within the time period prescribed in section 1167, a renter may file with the court a signed affidavit of financial hardship related to COVID-19.

(B) If Renter files a signed affidavit of financial hardship related to COVID-19 with the court pursuant to this subdivision, the court shall dismiss the case under subsection (2) if the court, after hearing the matter, decides: that Renter's failure to return a COVID-19 Related Financial Hardship Statement within the time period prescribed in subsection (g) was the result of error, accidental, surprising or excusable negligence, as these Terms are construed in accordance with subsection (b) of Section became 473.

(C) The scheduled hearing required under this paragraph must be held at least five days and no more than 10 days in advance to be authorized by the Court and may be separate from or in conjunction with a periodically announced hearing in the case. , as well as a court case.

(2) If the court dismisses the case under subsection (1), such dismissal shall not affect:

(A) If the case was based in whole or in part on a notice given under subsection (b), the court must dismiss any cause of action based on a notice given under subsection (b).

(B) Before October 1, 2021, if the case is based in whole or in part on a notice given under subsection (c), the court must dismiss any cause of action based on a notice given under subsection (ç).

(C) Effective October 1, 2021, if the case is based in whole or in part on a notice given under subsection (c), the court must dismiss any cause of action based on a notice given under subsection (c)(c). if Renter makes the payment required under subsection (g) subparagraph (B) of paragraph (2) within five days of the court order, provided that if the fifth day falls on a Saturday, Sunday or public holiday, the last Payment date is extended to the next business day.

(3) If the court dismisses the case under this subdivision, Renter shall not be deemed the prevailing party for the purposes of Section 1032, any provision of attorneys' fees in the lease or statute, or any other statute.

(i) Notwithstanding any other law, a notice pursuant to subsection (b) or (c) that satisfies the requirements of this Chapter and subsection (e) ofSection 798.56 of the Civil Codeor paragraphs (2) and (3) of Section 1161, as applicable, need not contain specific language required by an ordinance, resolution, ordinance, or administrative measure issued by a city, county, or both a city and a county is.

(Amended by Stats. 2022, Ch. 13, Sec. 1. (AB 2179) Effective March 31, 2022. Repealed October 1, 2025 pursuant to Section 1179.07.)