Your eviction questions answered: AB 3088 Eviction Update for Tenants and Landlords!

You’ve asked and we’re answering! 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 that you have asked us. The COVID-19 Tenant Protection Act of 2020 - AB 3088 was passed and the California eviction process has changed for California landlords and California tenants!

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 even if they’re not paying rent?
Can I sell even if my tenant is not paying rent?
Where can I find the forms that I need, including the new 15 day notice and the required Declaration?
Do I have to pay my tenant to move?
What if my landlord doesn’t give me the forms?
What evictions can a landlord file now?
How did AB 3088 change AB 1482?
What does at-fault versus no-fault eviction mean?

Yes, the California eviction moratorium is over now that the COVID-19 Tenant Protection Act of 2020 (Assembly Bill 3088) has passed, but there are special notices and forms that need to go to tenants if they can’t pay rent due to COVID-19! 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? This is the latest update to our video series where we 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 link to 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, plus the required notices.

Keep the questions coming!

00:00 WIRE Associates Intro and Hire a Professional
02:54 At-Fault Just Cause Evictions
04:22 No-Fault Just Cause Evictions
06:24 Notices and Timing
07:50 Evictions and buyer moving in
11:17 Pay tenants to move
14:32 AB 3088 forms and where to find them
16:48 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: 

Declaration of the COVID-19-related Financial Distress and Notice of Demand for Payment of Rent & Notices from AOA - 

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

AB 1482 YouTube Playlist - 

AB 3088 - Text of bill - 

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

Definition of “Nuisance” - 


#1 By Nina Hong at 9/27/2020 0:37 PM

Hi Christian, Thanks for all the helpful advice!

If a tenant fails to return a declaration of hardship or fails to pay 25% of the missed payment. Do the tenant have until 1/31/21 to pay the 25% of missed rent? When can eviction start for such tenants? I read on CAA's website that tenants can be evicted starting 10/5/20 if they fail to return Covid-19 related hardship declaration to landlord. Is this right? Thanks!

#2 By Christian Walsh at 9/27/2020 2:52 PM

Thanks for the kind words, Nina! For the time period from 3/1/2020 – 8/31/2020, if the tenant missed any rent then they must return the declaration that you give them (plus the required notice). As you said, if they don’t return it then an eviction can move forward starting 10/5, but remember that the tenant can still turn the declaration in once in front of the judge, which will prevent the eviction form moving forward. As for the time period from 9/1/2020 – 1/31/2021, the tenant needs to return the declaration and pay 25% of rent for each month, but the tenant can wait all the way until 1/30/21 to pay the 25% of any rent missed.

#3 By Nina Hong at 9/28/2020 8:43 AM

Thanks, Christian. One other follow up question. For the time period from 9/1/2020 & 1/31/2021, if the tenant fails to return the hardship declaration for any 1 month during this time, then eviction can begin on or after 10/5? The landlord is sending out a notice with hardship declaration for each month that rent is missed. I was thinking of the scenarios where the tenant sends back 1 hardship declaration for 1 month and not for another month. Thank you!

#4 By Christian Walsh at 9/28/2020 9:29 PM

Yes, Nina, that's correct. If they don't return the declaration for any month, then unlawful detainer process can start after day 15 (not including holidays and weekends and after 10/5, like you said).

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