California’s Emergency Stay On Evictions Ends — For The Moment, Landlords Are Free To File Eviction Cases

The California Judicial Council, the policy-making body of the California state judicial system, in a 19-1 vote, decided today to terminate the emergency rules which placed a temporary stay on any eviction or foreclosure proceedings in light of the COVID-19 global pandemic. The Judicial Council originally approved the emergency rules on April 6, 2020, which prohibited eviction proceedings in California except under very limited exceptions. The emergency rules will remain in place through September 1, 2020. This means that landlords will now be free again to file eviction proceedings against tenants effective September 2, 2020. Landlords are cautioned, however, that this newly-regained freedom to undertake evictions could be short-lived. Chief Justice Tani G. Cantil-Sakauye, who chairs the Judicial Council, exhibited some degree of uneasiness in having the judicial branch of government issuing emergency rules that address problems that really are more appropriately handled through the legislative process. She urged the


“Cash For Keys” — Consider Paying A Defaulting Tenant To Move Out

Owning a rental property can be both a rewarding and frustrating experience. With good tenants, the landlord often enjoys the emotional satisfaction of helping provide the tenants with a nice home to live in and a place to raise their family. And the rents which the tenants pay help reduce the landlord’s mortgage on the rental home. But, what about if the tenant isn’t paying their rent on time? Or worse, what if they have stopped paying their rent altogether? Dealing with a non-paying tenant can be extremely frustrating. And expensive. When a tenant stops paying, a landlord will often begin to hear excuses for the tenants’ non-payment. And, often, those explanations are based in fact. For example, during recent years, when our economy has been in a state of upheaval, and people have lost their jobs and haven’t been able to find new work, the explanation that the tenants have no money to pay their rent is very likely true.



This blog contains legal information of a general nature which is intended for educational, research, and entertainment purposes only. It is not intended to be, nor should it be, used as a substitute for professional legal advice. Each legal case is unique and a lawyer should be consulted for advice specific to your particular case.