Alameda County’s eviction moratorium makes it illegal for landlords to remove tenants from a home for almost any reason.  The ordinance is considered one of the strongest tenant protection measures still in effect in California.  With limited exceptions discussed below, the Alameda County eviction moratorium protects most tenants from eviction during this crisis.  

However, tenants still owe rent.  If they do not pay according to the terms of their lease agreement, back rent payments will not result in an eviction during the crisis, but rent payments are still an obligation that must be paid. 

For any city within Alameda County that has its own Eviction Moratorium Ordinance, the more protective ordinance for tenants between the County and the City will control. 

Scope Of Moratorium

If a tenant provides documentation of a COVID-related hardship, the eviction protection is absolute and there are no exceptions. A COVID-19 hardship could be; a substantial reduction or loss of income due to reduced hours, layoffs, or substantial decrease in business income caused by any local, state, or federal government response to COVID-19, or if you or someone you are caring for is being treated for the disease.

If the tenant does not provide documentation, there are three exceptions to the eviction ordinance.  Evictions can move forward if:

(1) It is necessary to comply with a government order (for example, if your unit is “red tagged”);

(2) The landlord takes your unit off the market (Ellis Act); by selling it, for example, or

(3) There is an imminent health or safety concern (e.g., black mold)

All other evictions are on hold under the ordinance, including breach of the lease, nuisance not involving health or safety concerns, and nonpayment of rent.  Essentially, Alameda County has halted most no-fault evictions, evictions related to non-payment of rent, and most other just-cause evictions as well.   

Repayment Obligation

Tenants have a year to pay back rent from the time it was due. If they don’t, the property owner can take them to court to collect the money. But the debt can never be used as a reason for eviction.  In other words, landlords can take tenants to court to demand the money, but they can’t kick them out of the home.

When Does The Moratorium It Expire?

There is no set date for the moratorium to expire.  Instead, it remains in effect until 60 days after the state of emergency due to Covid is lifted. 

What Are The Penalties For Violating The Ordinance?

Any landlord action contrary to the moratorium can be penalized by a fine of $1000 per violation, can be charged with a criminal misdemeanor and can be held liable for damages, costs, and attorneys’ fees. Ignorance of the law is not an excuse – no proof of knowledge, intent, or other mental state is required to prove a violation.

It continues to be a difficult time for landlords, but the situation is gradually improving. It might be a while until things return to pre-pandemic normal.  In the meantime, landlords should stay current on the law and take advantage of any relief available.

Please contact Lynx Legal Service with any questions on the above.  We can be reached at 888-441-2355 or [email protected].  Our experienced professionals are standing by to answer any inquiries you may have.