In response to the Coronavirus (“Covid-19”) Pandemic impacting various aspects of society, the Town Council of Los Gatos approved Ordinance 2305, an Urgency Covid-19 Eviction Moratorium (“LG-Moratorium”), on March 24, 2020. The LG-Moratorium is effective immediately and will expire on May 8, 2020, unless extended by the Town Council.
On March 24, 2020, the Santa Clara County Board of Supervisors adopted Ordinance No. NS-9.287, an Urgency Covid-19 Eviction Moratorium (“SCC-Moratorium”). The SCC-Moratorium is effective immediately and applies to all residential and commercial tenancies, expiring on May 8, 2020, unless extended by the Board of Supervisors.
Governor Gavin Newsom issued Executive Order N-37-20 (“State-Moratorium”) on March 27, 2020. The State-Moratorium is effective immediately, covers all residential tenancies, and expires on May 31, 2020, unless extended by Governor Newsom.
The State-Moratorium takes precedence over the SCC-Moratorium, which takes precedence over the LG-Moratorium. However, the LG-Moratorium will be enforced if it provides more protection to Affected Tenants in certain scenarios. Otherwise, the SCC-Moratorium and State-Moratorium will apply.
As landlords and tenants navigate the State-Moratorium, SCC-Moratorium, and LG-Moratorium, below is a summary of the LG-Moratorium.
Application:
The LG-Moratorium applies to all residential properties and evictions related to nonpayment of rent due to Covid-19 impacts.
Official LG-Moratorium information can be found here.
Landlord’s Duty:
If a tenant fails to pay rent during the LG-Moratorium, the landlord must serve a 3-Day Notice to Pay Rent or Quit in compliance with Code of Civil Procedure Section 1161(2). Landlords are encouraged to provide tenants with copies of the State-Moratorium, SCC-Moratorium, and LG-Moratorium.
No-fault evictions are allowed under the moratoriums, but not for Affected Tenants. Landlords cannot proceed with no-fault evictions against Affected Tenants until after the respective moratoriums expire.
Noncompliance with the LG-Moratorium is a defense for Affected Tenants.
Tenant’s Duty:
Affected Tenants must notify their landlords in writing within 30 days of rent being due if they have lost income due to Covid-19. The notice should include documented proof of income loss.
Affected Tenants will have to pay back rent after the LG-Moratorium ends, or within 120 days after the SCC-Moratorium expires, according to the more protective provision.
Tenants unaffected by Covid-19 must continue to pay their rent as usual.
County of Santa Clara Court Closures:
Judicial orders in Santa Clara County have halted Unlawful Detainer Matters until April 5, 2020, and prohibited evictions until May 31, 2020. Landlords cannot file Unlawful Detainer Complaints until June 1, 2020, unless the order is extended.
Changing landscape:
The LG-Moratorium is subject to changes based on Covid-19 developments. Landlords and tenants should stay informed through legal advice or the City’s website.
Brewer Offord & Pedersen LLP will provide updates on the City’s response as needed.