Updated on September 13, 2021
Do I have to pay rent during the Coronavirus outbreak? Am I excused from paying because I am no longer working? These questions have probably crossed your mind a couple of times these past few days, if not weeks.
In the midst of these hard times and the loss of jobs and income for many, one of the hardest hit groups is tenants, both commercial and residential. Fortunately, Governor Newsom recently issued an executive order preventing eviction trials from going forward at this point in time.
However, the moratorium on evictions does not mean that tenants do not have to pay rent. The purpose of the moratoriums is to protect tenants who are unable to pay rent due to circumstances related to the coronavirus. Indeed, Governor Newsom’s executive order specifically states: “Nothing in this Order shall relieve a tenant of the obligation to pay rent, nor restrict a landlord’s ability to recover rent due.” Moreover, those cities and counties that have already issued eviction moratoriums are only temporarily postponing the rental payment obligations.
Tenants will need to eventually pay back the rent owed. For example, in Los Angeles County, the moratorium is in place until May 31, 2020, and tenants will have up to six months after that date to repay missed rent. As a result, even though tenants may be protected from evictions during this period, once the situation clears up, landlords will once again be able to evict their tenants for non-payment of rent. Therefore, if you are a tenant and are able to pay rent, then you should continue to do so.
Since Governor Newsom’s original order there have been numerous other eviction moratoriums established by the CDC, counties and cities. To better understand if you are protected from eviction – or if you can evict your tenant, this requires a complex analysis at all jurisdictional levels. Each jurisdiction has different rules regarding who can and cannot be evicted and under varying circumstances.
Moreover, getting an unlawful detainer through the court system simply is not as easy as it used to be. Because of jury trial, and the problems that COVID has imparted on jury trials, there can be months of delays exacted by defendants.
At Schorr Law our Los Angeles based eviction attorneys have been navigating the troubled waters of evictions during Covid since the start. We have been to trial, set cases for trial and have successfully helped evict those gaming the system or not qualifying for protection.
Nevertheless, we always go through the comprehensive analysis and check local, state and nationwide eviction controls because they are ever changing.
We understand times are tough, now more than ever. Schorr Law is here to help you, and we will continue to be available for all who need legal assistance. To schedule a consultation, give us a call at (310) 954-1877 or send us a message through our contact form.