AB 3088: Tenant and Landlord Protection
On August 31, 2020, Governor Newsom signed AB 3088 which protects tenants from eviction due to COVID-19 related hardships through January 31, 2021.
This includes related hardships accrued between March 4, 2020 – August 31, 2020 if the tenant provided a declaration of hardship within the legislation’s timeline. Also included are COVID related hardships accruing between September 1, 2020 – January 31, 2021; to avoid eviction tenants must pay at least 25% of the rent due.
Tenants are still be responsible for paying all unpaid rent to their landlord; however, those unpaid amounts that are due to COVID related hardships resulting in the inability to pay cannot be the basis for an eviction.
Landlords will have the opportunity to recover any unpaid debt through the court system beginning March 1, 2021.
Legislation also includes an extension of the anti-foreclosure protection under the Homeowner Bill of Rights to smaller landlords who are having difficulty making their mortgage payments due to the moratorium.