State & Federal COVID-19 Temporary Bans on Residential Evictions

Updated: February 1, 2021

Tenants throughout the State of California (State), including City of San Diego (City) residents, cannot be evicted for nonpayment of rent related to COVID-19 at least until June 30, 2021.

This includes unpaid rent that was due between March 1, 2020, and June 30, 2021.

Landlords are required to provide a notice to tenants who, as of February 1, 2021, have not paid one or more months of rent that was due during this time period.

Tenants are required to provide their landlord a Declaration of COVID-19-related financial distress within 15 days of receiving notice from their landlord.

Tenants also are required to pay at least 25 percent of the rent they owed from September 1, 2020, through June 30, 2021.

Federal funds provided to the State may be available to pay up to 80 percent of a household’s unpaid rent for the time period of April 1, 2020, to March 31, 2021.

Landlords who accept this payment would give up their right to the remaining 20 percent of unpaid rent. The past-due rent would be considered paid in full.

For more information, visit: https://housingiskey.com/

These eviction protections are part of legislation Governor Gavin Newsom signed into law on January 29, 2021, to extend the statewide temporary ban on evictions. The legislation also outlines the State’s plan to distribute its share of federal rent relief funding.

For information about the City of San Diego’s temporary ban on evictions, which takes effect after the State eviction ban expires, visit: https://sdhc.org/evictionban

Federal Order from the CDC

The Centers for Disease Control and Prevention’s (CDC) federal temporary eviction ban became effective on September 4, 2020. On January 20, 2021, CDC Director Rochelle P. Walensky announced she would extend the federal eviction ban through at least March 31, 2021. On March 28, 2021, the CDC extended the eviction ban through June 30, 2021.

The CDC order prohibits landlords or property owners from evicting tenants from September 4, 2020, through at least June 30, 2021, to prevent the spread of COVID-19.

Under the CDC order, tenants are still required to pay their rent, make a housing payment or fulfill other obligations required by their lease.

Landlords and property owners are allowed to charge and collect fees, penalties and interest due to the failure to pay rent or the housing payment on time.

Each adult resident of the household is required to provide to the landlord or property owner a declaration, stating under penalty of perjury, that specific statements about their circumstances are true. This includes information about the tenant’s annual income and efforts to make rent payments.

For a copy of the CDC declaration form, click here