Does SB91 Ban All Evictions?
Short answer: No.
Long answer: Continue reading..
SB91 protects tenants from eviction through June 30th, 2021 in many situations. Not in every situation, however. In fact, the courts are accepting new eviction cases and are also processing previously filed eviction cases. It seems like landlords get new restrictions and requirements by the week, such as the new UD-101 form landlords are required to file alongside the unlawful detainer. Landlords can also expect more than usual delays while each case gets closely examined by the judge when you file for an eviction.
Let’s go over the different scenarios where an eviction could possibly move forward.
Cases that were given verdicts before March 1st, 2020 can move forward.
If the landlord has upheld their duties under AB 3088/SB91 landlord requirements, such as delivered proper disclaimer notices to tenants and served proper 15 day notice to pay rent or quit notices and the tenant has failed to turn in their declarations, the landlord is allowed to file for an eviction now. It’s important to consider that, in most cases, a tenant can try and get the case dismissed with certain tactics.
A landlord can file for an eviction if they are at-fault, as defined in Civil Code 1946.2(b)(1). This usually means that the tenant is doing something they aren’t supposed to be doing. A good example of possibly evicting a tenant under this scenario is if they cause heavy damage to the property, being a nuisance (extremely loud noises, fighting other neighbors, or being a danger to themselves or others), and/or catching them doing illegal activities on your property.
There are also some tenant “no-fault” options landlords can explore. “No fault” basically means that the tenant must be removed from the rental property but not because of something they did. Some reasons may include that the owner or a direct relative wants to remove the property from the rental market and live in it. Or the landlord received a government order requiring the vacating the rental property. If this is a route you may be able to take, consider that the “no fault” reason for evicting must be in Civil Code 1946.2(b)(2).
One of the last options landlords can explore is selling their rental property. At this time, certain criteria must be met for a landlord to be able to evict a tenant. The rental property must be a single family residence and the buyer must live on their new property.
If the underlying reason you want to evict a tenant is due to nonpayment of rent, landlords must be careful as SB91 expands on tough retaliatory prohibitions. At the moment, landlords can only evict for the reasons we just went through. If you think you may have a case and would like for us to explore your options, please contact us for a consultation. 1-800-686-8686 – firstname.lastname@example.org.
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