Governor Newsom Issues Executive Order Placing Moratorium on Evictions

On March 27, 2020, Governor Gavin Newsom issued Executive Order N-37-20 giving any tenant who is served with an Unlawful Detainer Summons and Complaint (Eviction Complaint) for non-payment of rent after March 27, 2020 60 days to respond to the complaint, but only if:

1. Prior to March 27, 2020, the tenant had paid rent due to the landlord pursuant to an agreement; and
2. The tenant notifies the landlord in writing before the rent is due, or within a reasonable period of time after the rent is due, not to exceed 7 days, that the tenant needs to delay all or some payment of rent because of tenant’s inability to pay due to reasons related to the COVID-19 (Coronavirus) pandemic, including due to the following reasons:
   • The tenant was unavailable to work because the tenant was sick with a suspected or confirmed case of COVID-19, or
   • The tenant was caring for a household or family member who was sick with a suspected or confirmed case of COVID-19, or
   • The tenant experienced a lay-off, loss of hours, or other substantial income reduction resulting from COVID-19, the state of emergency, or related government response, or
   • The tenant needed to miss work to care for a child whose school was closed in response to COVID-19
3. The tenant must retain verifiable documentation, such as termination notices, payroll checks, pay stubs, bank statements, medical bills, or signed letters or statements from an employer or supervisor explaining the tenant’s changed financial circumstances, to support the tenant’s assertion of an inability to pay. This documentation must be provided to the landlord no later than the time of payment of back-due rent.

In addition, no writ of possession may be enforced while the Order is in effect to evict a tenant from a residence or dwelling unit for nonpayment of rent by any tenant who satisfies the requirements stated above. These protections shall be in effect through May 31, 2020.

There is no requirement that the tenant provide supporting documentation to the landlord, only that the tenant has and retains such documentation. Also, there is no indication as to when the unpaid rent can be collected or is due. One must presume that it would be due and collectible any time after May 31, 2020.

Craig Mordoh is a sole practitioner specializing in all aspects of real estate law with an emphasis on litigation, rent control, landlord/tenant, municipal and administrative law. Mr. Mordoh holds a Juris Doctor degree from Southwestern University School of Law and a Bachelor of Arts degree from Boston University. In addition to his law practice, Mr. Mordoh serves as the General Counsel of the Apartment Association of Greater Los Angeles. You can reach Mr. Mordoh at mordohlaw@gmail.com