COVID-19 Updates for Bay Area Landlords

May 14, 2020

With new announcements coming out at various levels of government each week, it has been difficult to keep up with all of the changes and how they affect property owners in different jurisdictions. We continue to track updates each week and will keep this page updated as we learn more.

Currently in Effect at State-Level:

Governor’s Executive Order on Evictions

First Issued March 16, 2020, extended twice
Expires September 30, 2020
Allows local jurisdictions to put their own eviction bans in place by suspending any state laws that would otherwise interfere

COVID-19 Tenant Relief Act of 2020

Signed by Governor on August 31, 2020
See more details here
Provides statewide consistency on COVID-19 eviction moratoriums
Local moratoriums will remain in effect until they expire

Currently in Effect at County-Level:

Alameda County Eviction Moratorium

First enacted on March 24, 2020 for unincorporated parts of the county only
Amended on March 31, 2020 to include all areas of the county
Amended on April 21, 2020 to:
- Apply to all evictions, not just COVID-19 related
- Add a 12-month repayment period
- Outlaw tenant’s waiving of rights
Expires 60 days after local state of emergency is lifted OR 3/1/21, whichever is later
Applies to all areas of the county not covered by a more restrictive ordinance
Prohibits evictions for non-payment of rent as well as most “no-fault” reasons during the state of emergency. Exceptions:
- Health and safety reasons
- Ellis Act
- In compliance with a government order
Establishes a 12-month repayment period for unpaid rent accrued during the state of emergency
- Remaining unpaid rent after the 12-month repayment period to be treated as a consumer debt, not grounds for eviction

Contra Costa County Eviction Moratorium

Enacted April 21, 2020
Expires September 30, 2020
Applies to residential and commercial tenants
Prohibits evictions for non-payment of rent as well as most “no-fault” reasons during state of emergency. Exceptions:
- Health and safety reasons
- Owner move-in
Eviction moratorium is retroactive to March 15, 2020
Temporary freeze on rent increases. This does not apply to:
- Properties built after 1995
- Single-family homes or condos owned by a natural person
- Owner-occupied duplexes
- Leases entered into before April 21, 2020 that have prescheduled rent increases
Establishes a 120-day repayment period for unpaid rent accrued during the state of emergency
Prohibits late fees until 120 days after the state of emergency is declared over

Currently in Effect at City-Level

Oakland Eviction Moratorium

Passed March 27, 2020
Expires when local state of emergency is lifted
Prohibits residential evictions and provides an actual legal defense to any unlawful detainer action (except when the tenant poses an imminent health and safety threat) filed during the local state of emergency
- Unpaid rent during the state of emergency cannot be used for future unlawful detainer actions
- Does not establish a repayment period for unpaid rent
- Landlord must cooperate in accepting rent payment from a third party, including requests to provide a W-9 and/or other necessary documentation to a third party
Prohibits commercial evictions and provides an actual legal defense to any unlawful detainer action (except when the tenant poses an imminent health and safety threat) filed during the local state of emergency if:
- Commercial tenant is a small business or nonprofit, and;
- Cause of missed rent payment(s) was related to COVID-19
Limits rent increases to 2.7% for units covered by Oakland’s Rent Control Ordinance
Prohibits late fees for any rent payments missed during the local state of emergency if the cause of missed payment was related to COVID-19

Other Local Moratoriums

See the list compiled by Bay Area News Group: https://www.mercurynews.com/2020/08/06/coronavirus-eviction-bans-heres-when-key-bay-area-moratoriums-expire/