April 18: Tenant Eviction & Rent Deferral by David P. Bonaccorsi, ESQ.

On April 18th David Bonaccorsi went through the chronological order of all the different moratoria from city, county and governor in the state of California during the COVID 19 Pandemic.
In brief summary, the moratorium does four things:
Eligible residential and commercial tenants can defer rent;
Most eligible tenants’ leases cannot be subject to termination;
Eligible tenants’ eviction proceedings delayed;
The moratorium create 2 classes of tenants: (a) eligible tenants who can defer rent; (b) ineligible tenants (who fail to apply or qualify for protection under the moratoria or don’t live in a moratorium jurisdiction.
The purpose of the Moratorium is to protect tenants affected by the Pandemic emergency. When there is city, county and state moratoria in effect for the property in question, the key is to see whichever most favors tenant, that rule must be followed.
In similar fashion, commercial landlord would follow the same reasoning in dealing with tenant eviction or lease termination, etc..
In addition to the moratorium restrictions on eviction and termination of lease, the court proceedings would change as well effectively delaying the process and giving time for tenant to weather through the difficult time.

Using Santa Clara county as example, Mr. Bonaccorsi went through the new moratorium forms required when a landlord is seeking to terminate a lease or when tenant wants to bring Landlord’s attention to tenants’ right under COVID 19 protection.

In anticipation of further development: Mr. Bonaccorsi highlighted the following for our attention:
State Legislature to Step In: AB 828(25% rent deduction)
State, County or City Actions to Impose Rent Forgiveness
May 31 Expiration Dates Extended Further
SOE Ends Starts 90 day clock absent further CJC action
CJC Action To Amend Or Repeal Emergency Orders
Relief for Tenants and Landlords under State & Federal Law, FHA Landlord Relief: Fannie Mae Freddie Mac loans
LL- T Flexibility in rent deferral repayment or discounts.

Mr. Bonaccorsi helped us to understand the situation from a higher perspective and enable us to better assess the impact on each of us. It is educational now that we understand how each moratorium was written with its background.

If you have any questions about rent issues during this time, it is best to have the advice from a true legal expert.
Bernard, Balgley & Bonaccorsi, LLP
3900 Newpark Mall Road, 3 rd Fl, Newark, CA 94560
T: 510 791 1888 E: dbonaccorsi@3blawfirm.com