Who can be evicted in California now? Update on AB 3088 Eviction Law for Tenants and Landlords!

It has been just over a week since COVID-19 Tenant Protection Act of 2020 - AB 3088 was passed and the California eviction process has changed for California landlords and California tenants! This updated guide for California tenants and California landlords answers some of the most common questions on the COVID-19 Tenant Protection Act of 2020 - AB 3088. 

We answer these frequently asked questions from California landlords and California tenants about COVID-19 Tenant Protection Act of 2020 - AB 3088:

  • Can I evict the tenant and move back into my house?
  • Does this apply to commercial property - retail, industrial, office?
  • What about the CDC Eviction Moratorium and AB 3088?
  • When can a landlord file an eviction for nonpayment of rent?
  • Do I have to pay a minimum of 25% of my rent every month from September 2020 to January 2021?
  • Can I be evicted for not paying the other 75%? Watch the whole video for this answer.
  • How do I know if my tenant is considered high income?
  • How do AB 1482 and AB 3088 work together?
  • Does a local eviction ordinance supercede the COVID-19 Tenant Protection Act of 2020 - AB 3088?

Yes, the California eviction moratorium is over now that the COVID-19 Tenant Protection Act of 2020 (Assembly Bill 3088) has passed! What does this mean for the eviction moratorium if you can’t pay rent due to COVID-19? Can a landlord now start an unlawful detainer in California? In our video, we’ll explain what eviction protections that the COVID-19 Tenant Protection Act of 2020 (Assembly Bill 3088) offers for California tenants who can’t pay rent due to COVID-19 and how the California eviction process works in the months ahead if a California tenant can’t pay rent due to COVID-19.

We also include a PDF downloadable copy of the Declaration of the COVID-19-related Financial Distress that all California landlords need to give their California tenants who can’t pay rent due to COVID-19.

00:00 WIRE Associates Intro
01:23 AB 3088 and Hire a Professional
02:05 At-Fault versus No-Fault Evictions and AB 3088
05:43 AB 1482 and AB 3088
08:00 Nonpayment of Rent Due to COVID-19 and Evictions
12:47 CDC Eviction Moratorium and AB 3088
13:41 AB 3088 Frequently Asked Questions
13:55 Does AB 3088 apply to commercial properties?
14:30 Can I evict my tenant and move back into my house?
15:12 Do I have to pay 25% each month?
15:37 Can I be evicted for not paying the other 75%
15:46 High income tenant? Where do I find the median income?
17:10 Local ordinance or AB 3088?
18:24 Last Question and Thanks for Watching!

#AB3088 #COVID19TenantReliefAct2020 #CaliforniaEviction 

Be sure to subscribe to the WIRE Associates weekly newsletter to get the latest California eviction updates, AB 3088, AB 1482 and more: newsletter

Declaration of the COVID-19-related Financial Distress downloadable PDF Sample - download from our site here: form

Notice of Demand for Payment of Rent & Notices downloadable PDF Sample - download from our site here: judge

Where to find free legal assistance for evictions: Guide for tenants and landlords - help

AB 1482 YouTube Playlist - playlist

AB 3088 - Text of bill - 

Department of Housing and Community Development in the Official State Income Limits for 2020 - 

Definition of “Nuisance” - 

Discussion

#1 By Sanju J at 10/15/2020 5:38 PM

Hi Please can you clarify if the Landlord has been advised of a financial hardship due to COVID, but the lease is month to month (with more than 12 month stay) , then can the landlord can give no-fault just cause notice? The land lord has other properties but he says that he wants to live in the said property. To tenant is a form of retaliation by the landlord. Does AB 3088 provide any protection to tenant in this situation. I would very much appreciate your feedback. Regards

#2 By Christian Walsh at 10/15/2020 6:09 PM

It will depend on where you are...in some places a local eviction moratorium will prevent the landlord from terminating a tenancy even under this no fault just cause reason. If allowed, it would need to be a minimum of a 60 day notice. I highly recommend reaching out to Legal Aid in your area for legal assistance. Good luck!

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