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On August 31st, 2020, the CAA approved Assembly Bill No. 3088, known as the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020. AB No. 3088 will go into effect immediately, but it does not relieve tenants, homeowners, or landlords of their financial and contractual obligations. Specifically, AB No. 3088 seeks to limit the harm created by the Covid-19 pandemic by preventing unpaid rental debt from serving as a justification for eviction or foreclosure during this unprecedented time. If you are a California tenant, this bill may contain important provisions which impact you. If you are facing eviction, as a result of Covid-19 induced financial distress or some other reason, it is important for you to understand how AB No. 3088 impacts you, and what steps you can take to protect your housing.
What Californians Need to Know
You are protected if:
You are not protected if:
Are you suffering from financial distress due to the Covid-19 pandemic?
Section 798.56 of the California Civil Code has been amended to provide additional protections for California tenants. Learn how these amendments impact your ability to protect yourself from eviction during this unprecedented time.
How do these amendments affect me:
“NOTICE FROM THE STATE OF CALIFORNIA: If you are unable to pay the amount demanded in this notice, and have decreased income or increased expenses due to COVID-19, your landlord will not be able to evict you for this missed payment if you sign and deliver the declaration form included with your notice to your landlord within 15 days, excluding Saturdays, Sundays, and other judicial holidays, but you will still owe this money to your landlord. If you do not sign and deliver the declaration within this time period, you may lose the eviction protections available to you. You must return this form to be protected. You should keep a copy or picture of the signed form for your records.
You will still owe this money to your landlord and can be sued for the money, but you cannot be evicted from your home if you comply with these requirements. You should keep careful track of what you have paid and any amount you still owe to protect your rights and avoid future disputes. Failure to respond to this notice may result in an unlawful detainer action (eviction) being filed against you.
For information about legal resources that may be available to you, visit lawhelpca.org.”
How to claim Covid-19 related tenant hardship protection under AB No. 3088:
California tenants can obtain copies of the Declaration of Covid-19 Related Distress and the City of Oakland’s Area Median Income information by following the links provided below:
I have provided the necessary documentation, what next?
Click here to see California's Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020
If you believe your rights have been violated, contact our office for a free consultation.
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