What are my options if I am facing eviction due to non-payment of rent during the COVID-19 pandemic in California?
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As a lawyer, if you are facing eviction due to non-payment of rent during the COVID-19 pandemic in California, you have several options available to you.
Firstly, it is important to note that under the California eviction moratorium, tenants cannot be evicted for non-payment of rent if the COVID-19 pandemic has caused financial hardship. To take advantage of this protection, you must declare under penalty of perjury that you are unable to pay full rent due to COVID-19 related financial distress within 15 days of receiving a notice to pay or quit from your landlord. After that, you must pay at least 25 percent of the rent due by the rent due date. This protection is valid until September 30, 2021.
If you are unable to pay rent and your landlord has initiated an eviction proceeding against you, it is advisable to seek legal advice immediately. You can contact legal aid organizations, such as the California Tenant Law Center or the Legal Aid Foundation of Los Angeles, for free legal assistance.
Another option available to tenants facing eviction is to negotiate a payment plan or a rent reduction with the landlord. Some landlords may be willing to work with tenants who are facing financial difficulties as a result of the COVID-19 pandemic.
If you are unable to reach an agreement with your landlord and are facing eviction, you can defend yourself in court. You can present evidence of your financial hardship and inability to pay rent, as well as any evidence of the landlord's failure to properly maintain the property or fix major issues that affect your safety or well-being. You have the right to a trial by jury in eviction cases and can also appeal a decision if you disagree with it.
In summary, tenants facing eviction due to non-payment of rent during the COVID-19 pandemic in California have several options available to them, including using the eviction moratorium, seeking legal assistance, negotiating a payment plan or rent reduction with their landlord, defending themselves in court, and appealing a decision if necessary. It is important to seek legal advice and explore all available options before taking action.
