Renters cannot be evicted for failure to pay rent before February 2021
The information in this message is out of date but preserved as a record. For updates, please see the Rent Board COVID-19 tenant and landlord information page, which has the most recent information.
If you’re struggling to pay rent due to the pandemic, know that you cannot be evicted for non-payment before February 2021 - but you must notify your landlord in writing that you are unable to pay because of COVID-19.
You will still owe the unpaid rent to your landlord in the future, and will need to pay back some of the deferred rent by January 31.
Deferred rent payments are one of several relief options available to tenants struggling because of the pandemic. Berkeleyans at risk of losing their housing may also be eligible for a Housing Retention Grant.
Notify your landlord to qualify for eviction protection
A statewide eviction moratorium, signed into law August 31, prohibits landlords from evicting tenants who are unable to pay rent because of COVID-19 related hardship. To quality for protections, you must give your landlord a signed declaration of COVID-19 related financial distress.
The moratorium protects you from eviction for non-payment until February 2021. Under the law, tenants must pay back 25% of the rent they would have owed between September and January no later than January 31, 2021.
Preserve documentation of financial hardship
Keep documentation showing why you can’t pay the full rent. The new state law specifically allows landlords to require high-income tenants to prove that their income has fallen. No matter what your income, you may need to prove how you were financially impacted by COVID-19 in the future.
Common ways people have been impacted include:
- decrease in household income due to layoffs or reduction of hours
- decrease in household income due to caregiving responsibilities, including child care needs arising from school closures
- substantial out-of-pocket medical expenses
- reduction in number of tenants in a group living situation
Examples of supporting documentation include:
- termination notices
- payroll checks or pay stubs
- bank statements
- letters, emails, or texts from an employers or supervisor
- documentation of caregiving responsibilities, including those related to school closures
- medical bills
Tenants cannot waive their rights under this protection, and landlords cannot offer incentives for tenants to waive their rights.
Housing Retention Grants
Berkeley residents at risk of losing their housing due to COVID-19 may be eligible a housing retention grant. Funds may be used to supplement rent for temporary or permanent housing, utility bills, or other housing-related expenses. Applicants will be required to submit documentation of their low-income status, rental agreement or lease, and other relevant information.
Landlord-tenant voluntary agreements for tenancies that began on or before September 1, 2020
Landlords may temporarily reduce or forgive rents to assist their tenants in coping with COVID-19 impacts without permanently reducing the amount of rent that can be charged for the unit. However, under the Rent Control Ordinance, this may only be done for tenancies that began on or before September 1, 2020. Please contact a Housing Counselor at the Rent Board at (510) 981-7368 for further information.
Landlords and tenants must have a written agreement that must state that the reduction is temporary, and is not related to market conditions, habitability, or a reduction in housing services. Rent that is reduced pursuant to this regulation is deemed permanently waived and may not be demanded as unpaid rent or debt at any time.
Written agreements entered into during the local State of Emergency may extend beyond the expiration of the local State of Emergency where the landlord and tenant expressly agree to the duration in writing. These agreements would not permanently reduce the rent an owner can charge at the end of the agreement.
Resources
- COVID-19 tenant & landlord resources (Berkeley Rent Board)
- Declaration of COVID-19 related financial distress form
- Tenant protection guidelines (California Department of Real Estate)
- Factsheet on the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (California Governor’s office)
- Full text of AB-3088 eviction moratorium law (California Legislative Information)
For questions, contact the Rent Board at 510-981-7368 (RENT) or rent@cityofberkeley.info. You can also sign up for their email list, which is being used to contact people directly.
