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California’s Governor Newsom Signs Executive Order in Connection with Eviction Limitations

Earlier today, Governor Newsom signed Executive Order N-37-20 (found here) further limiting evictions for non-payment of rent where the non-payment is related to a substantial loss of income directly due to COVID-19. The order provides residential tenants who are served with a summons and complaint in an eviction matter with a May 31, 2020 deadline in which to file a response with the court. In other words, tenants are not required to file their answers (nor can they be defaulted) until at least June 1, 2020. There are requirements that a tenant must first meet in order to qualify for the protections. They are set forth below.

The order also prevents writs of possession from being enforced against tenants who meet the qualifiers set forth below. In other words, even if you currently have a writ of possession and a scheduled lockout, the lockout will not proceed if the tenant can demonstrate compliance with the Order’s requirements.

Qualification required for tenants to fall under the protection of the March 27, 2020 Order are:

  • The tenant must have been current with their rent prior to the date of the Order;
  • The tenant must notify the landlord, in writing, either before rent is due or within seven (7) days afterward, that they are unable to pay a portion or all of their rent due to reasons related to COVID-19;
  • and,The tenant must retain verifiable documentation supporting their assertion of their inability to pay.

As always, Brennan Law Firm will continue to update you with the most current developments in connection with COVID-19 as it relates to your landlord-tenant environment.