AB 3088 Tenant Relief Act 2020

The Tenant Relief Act is a statewide law that imposes a temporary moratorium between March 1, 2020 and January 31, 2021 on evictions of qualifying residential tenants for failure to pay rent because of financial distress related to COVID-19.


UPDATE, 9/3/2020. We have posted information on the website for you on how to comply with the State's new eviction moratorium, AB3088. However, before proceeding with any UDs, realize there is a unexpected complication because of Trump's new national eviction moratorium through the CDC.

For the last two days we have been speaking with attorneys across the state to determine which eviction moratorium to comply with:
      The State Eviction Moratorium AB 3088?
      Or the National CDC Eviction Moratorium?
Thus far, there is not a consensus. For that reason, we caution you to not commence any UDs under AB3088 unless your personal attorney advises you to do so. As soon as we receive confirmation as to which law prevails, we will update you.
They certainly don't make it easy for us, do they?

Homeowner Protection Guidelines
COVID-19 Tenant Relief Act FAQs

LANDLORD FORMS
15 Day Notice to Pay or Quit 2020
A landlord should use this notice in lieu of the "3-day pay or quit" notice if the landlord wants to file an unlawful detainer action to evict the tenant for non-payment of rent between March 1, 2020 and August 31, 2020 (i.e., the "protected time period").

15 Day Notice to Pay or Quit 2021
 A landlord should use this notice in lieu of the "3-day pay or quit" notice if the landlord wants to file an unlawful detainer action to evict the tenant for non-payment of rent between September 1, 2020 and January 31, 2021 (i.e., the "transition time period").

Notice of Rights (TRA)
A landlord must use this notice if their tenant has failed to pay rent between March 1, 2020 and August 31, 2020, even if the landlord is not intending (at least at this time) to file an unlawful detainer action. This notice is to notify the tenant that they may have protections through the COVID-19 Tenant Relief Act of 2020 and the landlord must serve this notice on or before September 30, 2020. Notice for Civil Code Section 1179.04(a) must be served before or concurrently with the Notice for Civil Code Section 1179.03(b)(4) or the Notice for Civil Code Section 1179.03(c)(4) if the landlord wants to file an unlawful detainer action to evict the tenant.

Notice of High Income Tenant
A landlord must send this notice out with the Notice for Civil Code Section 1179.03(b)(4) and the Notice for Civil Code Section 1179.03(c)(4) if the landlord has proof of income in the landlord’s possession that the tenant is a “high-income tenant” (i.e., exceeds 130% of area median income as published by the Department of Housing and Community Development for the county in which the property resides).

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