Local News

Eviction Moratorium Protections

There are three concurrent rental eviction moratoriums intended to protect families and, in Fullerton, businesses that can’t pay rent due to COVID-19 health and financial complications. These eviction moratoriums are as follows (click on links to read more):

City of Fullerton

State of California

Centers for Disease Control (CDC)

Tenants should alert landlords in writing should they seek to exercise these protections. None of the three moratoriums relieve tenants of the obligation to eventually pay all of the rent. The State protections mandate that tenants pay 25% of their usual rent, monthly, to qualify.

The State protections seem to provide more of a safety net, including a requirement for landlords to provide tenants with a notice-to-sign declaration within 15 days of a tenant’s inability to pay. Signing this declaration and paying 25% of the rent prevents eviction if the tenant fails to pay the full amount.

If a tenant is served with an eviction notice (Complaint for Unlawful Detainer), they may, within five days, file the State declaration the landlord was supposed to provide them with, to show good reason for not providing it earlier.

Residential tenants affected by COVID-19 may find information from the state of California at: www.courts.ca.gov/44660.htm#tenants. This information is in English and Spanish and includes summary checklists and referrals to legal help. State-level tenant protections are only for residential, not commercial, evictions.

For commercial rental evictions, including storage units, see the City’s ordinance: www.cityoffullerton.com/evictionmoratorium.

Guidelines and financial help for homeowners and small landlords (four or fewer properties) is available at the State site (above).

Free Local Legal Help

• Fair Housing Foundation (bilingual) handles Fullerton-area eviction questions: (800) 446-3247.

• Community Legal Aid SoCal (bilingual): 1-800-834-5001

• CDC Info: www.cdc.gov/coronavirus/2019-ncov/downloads/eviction-moratoria-order-faqs.pdf

• Summary of many eviction protections: www.nolo.com/legal-encyclopedia/emergency-bans-on-evictions-and-other-tenant-protections-related-to-coronavirus.html.

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1 reply »

  1. It appears that the leasee of Tuscanys on the corner of Harbor and Commonwealth was evicted as the owner of the property was heard at the city council meeting wanting 25k from the city to cover his attourney/court fees over a dispute with the city manager over forged documents and the propertys at this location are vacated.

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