Landlord-Tenant Advice in the Time of Covid-19

In the midst of the COVID-19 pandemic, San Francisco has taken various steps to protect its citizens. As you’ve probably heard, Mayor Breed announced both a commercial and a residential eviction moratorium which limit a landlord’s ability to evict tenants suffering from COVID 19 related financial hardships. 

Residential Eviction Moratorium

The March 13th residential eviction moratorium, which remains in effect through April 12, 2020 but can be extended by the Mayor for another 30 days, prevents landlords from bringing eviction claims in San Francisco against residential tenants for nonpayment of rent. 

Despite the State of Emergency and any current moratorium, tenants are not relieved of their obligation to pay rent. However, the moratorium does suspend a landlord’s ability to evict a tenant for missing a rental payment if, while the Order is in effect, the tenant follows the two-step process detailed in the Order: 

1. First, within thirty days after rent was due, the tenant must provide notice that they are unable to pay rent due to financial impacts related to COVID-19. 
2. Second, within seven calendar days of providing the required notice, the tenant must provide documentation that the inability to pay the rent was due to financial impacts of COVID-19. 

If the tenant can prove a COVID-19 related financial hardship, they have up to six months to pay back the past due rent so long as they meet the documentation requirements for each month they claim a financial hardship extension. 

Eviction Moratorium on Commercial Evictions

Similarly, on March 17, 2020 Mayor Breed extended an eviction moratorium on commercial evictions for small or medium sized businesses. The commercial eviction moratorium applies to businesses with a license to operate in San Francisco that have less than $25 million in annual gross receipts and would protect a business that misses a rental payment due to a documented financial impact related to COVID-19. 

Contact San Francisco Tenant and Landlord Lawyers for Eviction Moratorium Answers

Our firm is also closely watching a proposed amendment to the Rent Ordinance that would prohibit all evictions during the state of emergency, including both coronavirus related nonpayment of rent cases and no-fault evictions. 

We at Steven Adair MacDonald and Partners understand how hard this time is for everyone. We have a work-out form available for use, as well. Please contact us. Our office is working remotely to answer any questions you might have regarding the eviction moratoriums and both landlord and tenant rights during this uncertain time. 

Please also see our article for the California Lawyers Association on COVID-19’s Impact on Statewide Evictions. 

By: Stephanie Foster, Esq.