Be prepared to address eviction

Be prepared to address eviction

| Jul 15, 2020 | Real Estate Law |

The pandemic has wreaked havoc on countless lives in southern California. Hard working individuals have lost their jobs, gotten sick to the point that they need hospitalization, and suffered from emotional distress. Each of these matters by themselves can have a drastic effect on your life, but the fact is that they often cause a ripple effect that can compound the financial and emotional stress that you’re facing.

In fact, many people in southern California were suddenly confronted with the very real possibility of eviction when they lost their job due to the receding economy brought about by the health crisis. Fortunately, the state took action to temporarily stay all evictions. Right now, those evictions are on hold during the state of emergency, which will probably remain in effect for at least the next couple of weeks. Once the emergency expires, then there will be an additional 90-day waiting period before evictions can resume again. The local ban on evictions in San Diego lasts until September 30.

However, in order to enjoy this protection, there are certain things you must do. Amongst them are writing a letter to your landlord explaining that you are unable to pay rent in a timely manner due to ongoing health crisis, which must be provided before rent is due. Additionally, within one week of providing that notice you have to submit verifying documentation to your landlord, such as a letter from an employer stating that your job was lost.

The question then becomes how owed rent will be handled upon the lifting of the ban on evictions. The truth is that no one knows for sure. However, at this point there hasn’t been any legislative guidance as far as how back rent will be addressed. This means that a landlord very well could file for eviction upon the lifting of the stay unless a renter comes up with all rent owed, which could be a significant sum. Therefore, if you’re afraid of eviction being filed against you shortly after the State’s emergency ends, then you need to be prepared to protect yourself from a legal aspect.

This is new territory for everyone, which means there are bound to be misunderstandings and those who try to bend the law in their favor. Hopefully legislatures will come up with solutions that provide you with even more protection than you have right now. But you owe it to yourself to protect your rights as fully as possible. That means knowing the ever-changing law and how it can be utilized to your advantage.

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