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Eviction Ban Extended: Facts For Landlords/Tenants [2021]

How federal and state eviction moratoriums apply in San Francisco

The CDC has extended the federal eviction ban until June 30, 2021, offering more relief for struggling renters, yet tightening the squeeze on small business landlords. Since then, a federal judge has invalidated the order, stating the CDC does not have the authority to mandate a nationwide eviction moratorium. However, because California has a more rigorous eviction moratorium, state and local eviction bans will remain until June 30, unless extended.

As San Francisco landlord-tenant attorneys, we understand that the CDC eviction moratorium impacts landlords and tenants in different ways. When it comes to real-world consequences, COVID-19 rental rules are a regulatory land mine. It can be a complex process that’s not easy to navigate. In this article, we’ll explain some of the nuances.

Federal Eviction Protection vs. State Eviction Protection

The federal eviction moratorium blocks landlords from evicting tenants in residential properties who meet specific criteria. However, owners may still file evictions as long as they don’t complete the physical move-out until after the moratorium.

In addition, states and cities have their own eviction bans. Tenants who don’t meet federal criteria may have protections under state or local orders. Enforcing the ban is generally up to each state and the individual courts. State courts are handling the CDC eviction ban differently.

California Eviction Ban

Likewise, California extended its eviction moratorium through June 30, 2021, with partial payment requirements. To qualify, tenants must declare a pandemic related hardship. 

Additionally, renters in California may receive compensation through the COVID-19 Tenant Relief Act, which lawmakers extended in January. 

San Francisco Eviction Ban

In like manner, San Francisco has banned no fault evictions through June 30, 2021. Under the order, landlords must extend tenancies, even if they want to change the use of the property, live in it themselves, or make improvements. 

To qualify for eviction protection, tenants must provide a declaration of hardship to their landlords. It’s important for tenants keep a copy for their records, should they receive an eviction notice. 

How does the CDC eviction moratorium work?

While the CDC order is in effect, landlords are prohibited from physically evicting tenants who qualify for protection. For landlords, a key concern is tenants knowingly providing false declarations to use the moratorium as a “Get Out Of Rent Free” card. At the same time, landlords who violate the CDC order could be subject to criminal and civil penalties.

Ultimately, enforcing the moratorium is up to the courts. In the end, a judge will decide if an eviction may proceed or not.

Landlord-Tenant Law and COVID-19

We’re staying on top of tenant protections and landlord rights in the wake of COVID-19. Complying with the CDC order is a complex process with varying interpretations. For this reason, tenants facing eviction, and landlords considering eviction proceedings should consult an attorney right away.

As San Francisco’s dedicated landlord-tenant attorneys, we can explain how COVID-19 eviction moratoriums affect you. Steven Adair MacDonald & Partners has resolved landlord-tenant disputes and real estate issues for over 30 years. To schedule a consultation, please call 415-956-6488. 

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