COVID-19 Resources for Landlords and Property Managers

Welcome to the Law Office of Robert M. Wells’ COVID-19 Resource Page for Landlords and Property Managers. We have prepared a number of materials for your reference to help you during this unprecedented time.

Below we will have video updates on regulations that are COVID-19 related to explain the basics of what regulations are impacting landlord-tenant matters. We also have a FAQ selection below to answer the most common questions you may have. We also have copies of the most important Executive Orders, Court Orders and Emergency Regulations currently in effect.

Sign Up For COVID-19 Updates Impacting Landlords and Property Managers Here:

UPDATE: CDC Eviction Order Effective 9/4/2020 and AB-3088 Breakdown FOR LANDLORDS Here! See Video and Materials. More Updates and Explanations to Come Soon.

Power Point Slides For CDC and AB-3088 Presentation

Text For Disclosure Landlords Must Provide Under CCP 1179.04

Youtube Presentation Links and Bookmarks

COVID-19 and State of Emergency Regulations Affecting Tenancies

Please check out Attorney Rob Wells’ presentation about COVID-19 and how the State of Emergencies declared by government entities are impacting Tenancies in Solano County.

Click Here for the Presentation Materials

Common Questions and Answers During State of Emergency

Are the courts still closed for eviction filings?

As of June 1, 2020, in Solano County, no new cases may be filed due to California Emergency Rules of Court No. 1 that prohibit the clerk from issuing new eviction summons or processing any default judgment paperwork except for cases where the eviction is necessary to protect public health and safety. Cases that had eviction summons or hearing dates issued prior to Rule 1 going into effect are being scheduled for trial.

I think I have a case where the eviction is necessary to protect public health and safety. What type of behavior is needed to move this type of case forward?

Under the Emergency Rules of Court, a Superior Court judge ultimately gets to make the final decision if an eviction is necessary to protect public health and safety. Some of the following types of scenarios may qualify:

Tenants are selling illegal drugs at the premises, and the landlord or property manager has received notice from a city attorney’s office to abate the illegal activity.
Tenants are engaged in violent behavior such as attacking other residents or neighbors.
Tenants are violating local, state, or federal health orders (e.g., a storefront is operating in violation of local and state COVID-19 health orders and refuses to comply with them).

I think I have a case where the eviction is necessary to protect public health and safety. What do I need in order to get my case started?

The key thing you need for an eviction that affects public health and safety is documentation of the complained issue. Good sources of information as a starting point include (1) police reports, (2) any type of notice or correspondence from a government agency addressed to the landlord or property manager detailing the problems being caused by the tenant, (3) written complaints from neighbors, and (4) names and contact information of witnesses or other persons with information about the complained problem.

If the courts will not accept eviction filings, can the Law Office of Robert M. Wells assist me with my problematic tenant situation?

Although currently the courts are not accepting eviction cases, we have helped landlords and property managers with their tenant issues during this time. Some of the solutions we have helped our clients with include (1) negotiating and writing temporary payment plans, (2) negotiating moveout agreements, and (3) drafting letters to tenants on behalf of our clients to cease and desist with problematic behaviors that are in breach of their rental agreements. We usually can work out any tenant issue or prepare a client’s case so when the courts do reopen, our client is in a solid position to file their eviction matter.

I served a 3-Day Notice to Pay Rent or Quit on my tenants after the state of emergency happened. Should I be serving 3-Day Notices to Pay Rent or Quit? What if I served a notice before the state of emergency?

Due to Governor Newsom empowering local cities and counties with the ability to pass emergency regulations regulating evictions within their own jurisdictions, it is our office’s recommendation that you do not issue any type of 3-day notice during the state of emergency or 90 days after the state of emergency is over without the advice of legal counsel. Many cities and counties have passed emergency regulations for evictions, particularly those evictions that are based on non-payment of rent. Failing to comply with any emergency eviction ordinance or eviction may cause your eviction case to be thrown out of court due to failure to comply with such emergency regulation. In some city and county emergency regulations, landlords may be subject to pay a tenant’s attorney’s fees and costs or face monetary penalties for violating the emergency regulations. Landlords should consult a landlord attorney to make sure the landlord or property manager knows the rules that are applicable where your property is located.

My tenants have told me that they won’t pay rent since they have heard that rent has been forgiven under the emergency regulations that were passed. Is that true?

Your tenants have been misinformed, although in some emergency regulations, a landlord may be barred from evicting a tenant for non-payment of rent. The rent and any obligation to pay rent are still in effect. If your tenants have written leases or rental agreements, the obligation to pay rent as it becomes due is still legally enforceable. You have the right to sue a tenant for any breach of an obligation under a rental agreement. Since regulations in your city or county may differ and rental agreements may differ, it is advisable for you to speak with a landlord attorney about the specific aspects of your situation.

Current State of Emergency Orders, Court Orders and Local Regulations Impacting Landlord-Tenant Law

Copies of some of the most relevant executive orders, court orders and emergency regulations can be downloaded here. Please check in frequently as we will add additional resources as they are provided.