The End Of The Eviction Ban - AB 832

Krystal Tiner • Oct 14, 2021

New Rules for Eviction October 2021 –March 2022

AB 832 – The Tenant Relief Act  - March 1, 2020 to September 30, 2021


October 2021 brought the end of the eviction ban: SB 3088, and it’s extension, SB 91.

 

The rules for evictions from March 1, 2020 to September 30, 2021 are described in AB 832.


Information for this blog applies to all of California, with exceptions for communities that have created their own more restrictive rules such as Los Angeles and San Francisco. 


This blog covers what Landlords need to know.


AB 832 addresses three time periods with different rules for each

March 1, 2020 to August 31, 2020 - Protected Time Period


  1. If a tenant owes money for this period only, they are protected from eviction for 2 reasons:
  2. The statute of limitations for unpaid rent is one year.
  3. AB 832 re-names “unpaid rent” for this period as “civil debt” – which is not grounds for eviction. 
  4. Landlords cannot sue for unpaid rent “civil debt” until November 2021.
  5. Before filing an eviction, Landlords are required to have applied for Rent Relief and been rejected (or unanswered for 20 days). 
  6. Typically the only reason a landlord will not be contacted within 20 days is when the tenant has not responded with their proof of income.
  7. Landlords and tenants can apply for Rent Relief through Housing is key.  They can be contacted at 1-833-830-2122 or via housingiskey.com.
  8. Landlords can file a Civil Lawsuit for the back rent (now considered “Civil debt”). Civil Lawsuits require attorney representation and are expensive.   
  9. The most cost effective remedy to collect unpaid rent from March 1 - August 31 2020 not covered by Rent Relief is to go to Small Claims Court and get a money judgement.
  10. Money judgments last for 10 years and can be renewed 10 more years. 
  11. Small Claims court has lifted restrictions on the number of suits one can file and the amount one can sue for with regard to unpaid rent/civil judgments. 
  12. Best practice is to go after a money judgement while the tenant is still in place.  It is harder to locate and serve a tenant once they have vacated.


September 1, 2020 to September 30, 2021 - The Transition Period


  1. If a tenant has provided a COVID Declaration stating they have been negatively impacted financially by COVID:
  2. 25% of rent is due from September 1, 2020 to September 30, 2021.  It can be paid in any increment and at anytime through September 30, 2021.
  3. Landlord must have served a proper 15-Day Notice to Pay Rent OR Quit (and related COVID impact forms) BEFORE filing an eviction for the 25% due during this period.
  4. 75% of the rent in this time period is now “Civil Debt” - not an evictable default.
  5. The same rules I cited in numbers #2-5 of the Protected Period apply to the 75% of rent which is now "Civil Debt".  The only remedy is to collect the money through the Rent Relief program or through a Money Judgement.


October 1, 2021 to March 31, 2022 - The COVID-19 Recovery Period Rental Debt.


  1. 100% of rent is due October 1, 2021 on.
  2. Landlords may evict Tenants for unpaid rent from October 1, 2021 on. 
  3. Landlords must use the NEW 3-Day Pay or Quit if full October rent is not paid. The new 3-Day Notice to Pay or Quit must include required COVID clauses. 
  4. Do not include any other rent due other than October 2021.
  5. You may move forward with an eviction 3 days (not counting holidays and weekends) after providing formal notice.  


Resource Links:



Tiner Properties is here to help!


We are thankful to our hardworking staff who have worked seamlessly together to provide our Owners with exemplary service.   We have averaged less than 1% of tenants exceeding a delinquency of one month’s rent during the entirety of the pandemic - in a time when it was estimated that 25% of tenants nationally were delinquent. We were able to assist the few Owners whose tenants fell behind navigate the Rent Relief programs. 


Established in 1976 in Carmichael, Tiner Properties is a 3 generation family business that has deep roots in the greater Sacramento Area. If you or someone you know has a rental and needs help navigating the ever changing rental laws and regulations, please contact us. We would be honored to provide quality service and unparalleled expertise. Property management doesn’t cost… it pays! 


Disclosure: 

I am not an attorney and Tiner Properties is a property management firm (not a law firm). Information on this page is not meant to be legal advice – we recommend seeking the council of a local eviction attorney. Tiner Properties uses and recommends Thomas Hogan for the greater Sacramento area. Thomas Hogan can be reached at 916-929-2255





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