Freshly signed by Governor Newsom, AB 3088 has updated protections for pandemic-impacted tenants in California. Burdened renters are still protected, but not all are completely exempt moving forward.

All California landlords should have provided an informational notice to tenants who’ve missed rental payments during the COVID-19 pandemic before September 30th, 2020. If you failed to provide this notice, you may not be able to evict your tenant or recover rent.

If the notice was delivered, landlords cannot evict a tenant for non-payment of all charges filed between March 1st 2020 and August 31st 2020, if the tenant provides a statement claiming COVID-related financial hardship. High income tenants (>$100,000 household income) must provide additional proof.

Ignored payments due between September 1st, 2020 and January 31, 2021 CAN lead to eviction if the tenant DOES NOT 1) provide formal declaration of pandemic induced financial hardship and, 2) Pays 25% of the rental payments due between September 1 2020 and January 1st 2021 in full.
The 25% can either be paid regularly (25% of monthly rent paid each month) OR in lump sums (25% of TOTAL rent due between September and January is paid by January 31st, 2021).
Owners must deliver a 15-day notice (not including weekends and holidays) before seeking out an eviction under these terms.

Do you have a strategy in place to handle these notices? If not, it’s time to get in gear. Has your current property management company informed you on their new strategies with AB 3088 in place? If not, it may be time to pivot.