On Thursday, August 13, 2020, the Judicial Council of California voted to end two temporary emergency rules on evictions and judicial foreclosures.
At the beginning of the Coronavirus pandemic, the Judicial Council sought to protect renters from displacement by passing a series of emergency rules. These rules worked to suspend both residential and commercial evictions by prohibiting Courts from issuing a summons in unlawful detainer actions unless the action related to public health or safety.
The Judicial Council's most recent vote terminates this restriction. Therefore, beginning Sept. 1, 2020, Courts can begin issuing summons in unlawful detainer actions where the renter is behind in rent or otherwise in default.
Importantly, despite the Judicial Council's vote, Governor Newsom's executive orders still empower local governments to impose renter protections. Dozens of Counties and Cities throughout California have done so. Therefore, it is important for landlords to consult with an attorney who understands the local rules in place before initiating an unlawful detainer action.
There are also several bills being considered by the California legislature that would enact protections for renters in California, as well as the possibility that Governor Newsom issues another executive order to further protect renters during the state of emergency.
While the Judicial Council's vote last week favors landlords, it is still important for landlords to monitor the situation in their City or County as rules continue to vary from jurisdictions to jurisdiction.
If you have questions about landlord/tenant issues involving residential or commercial buildings, you may contact Kevin A. James, or any of the attorneys at Becker Nelson Center & James.
Kevin A. James is a business attorney in Placerville, CA. He helps business owners navigate the complex legal landscape in California with the goal of making his client’s businesses more profitable and simpler to operate. He can be reached at kjames@bncj-law.com or (530) 295-6400.
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