California Eviction Laws After Moratorium

What Changed

According to the California Courts website, “As of October 1, 2021, a tenant may be evicted for any legal reason, including failure to pay rent.” Previously, the law had been amended in light of the unique circumstances faced by people during the COVID-19 pandemic, when the state introduced temporary protections to prevent widespread displacement.

The earlier eviction moratorium was created through laws such as AB 3088 (Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020) and later extended by SB 91 and AB 832. These laws limited a landlord’s ability to remove a tenant for unpaid rent if the tenant had experienced financial hardship related to the pandemic.

What’s Next

From October 1, 2021, to March 31, 2022, landlords who wished to evict their tenants for non-payment of rent were required to apply for rental assistance before proceeding with eviction. This requirement applied only to rent that was due between March 1, 2020, and March 31, 2022, and only if the tenant had moved in before October 1, 2021.

The program tied to this process was the California COVID-19 Rent Relief Program (Housing Is Key). Under this system:

• Landlords had to demonstrate they applied for state rental assistance before pursuing an eviction.
• Tenants were encouraged to apply directly if their landlord refused, in order to prevent eviction and have rent paid on their behalf.

After March 31, 2022, California law shifted again, allowing more eviction filings, but with lingering protections for tenants who had pending rent relief applications.

What Does This Mean

When a new law goes into effect, it can be confusing. That’s why it is critical to research and understand your rights and obligations. Whether you are a landlord or a tenant, knowing how the California eviction moratorium and its expiration affect you is essential.

• For tenants: You may still have protections if you applied for rent relief during the covered period. You also retain rights under California’s broader tenant protection laws, including notice requirements and defenses to eviction.
• For landlords: You must follow proper unlawful detainer procedures and verify whether your tenant has sought rental assistance before proceeding. Failing to comply can result in dismissal of your eviction case.
• For both parties: Misunderstanding these rules can lead to costly legal battles. Consulting an attorney ensures you comply with deadlines, paperwork, and court processes.

Understanding the Eviction Process in California

Step 1: The Eviction Notice

The process usually begins with a written notice, such as a Notice to Pay or Quit or a Notice to Perform Covenants or Quit. These notices must comply with California Civil Code requirements and provide the tenant with a short period, typically three days, to resolve the issue before the landlord can take further action.

Step 2: Filing an Unlawful Detainer

If the tenant does not comply, the landlord must file an Unlawful Detainer lawsuit in the Superior Court of California. Tenants are then served with a Summons and Complaint for Unlawful Detainer.

Step 3: Tenant’s Response

Tenants may file an Answer within five court days, raising defenses such as habitability issues, improper notice, or proof of rental assistance applications.

Step 4: Court Hearing and Judgment

The court sets a hearing, usually within a few weeks. If the landlord prevails, the court issues a judgment for possession and may also award a money judgment for unpaid rent.

Step 5: Sheriff Enforcement

If the tenant does not vacate, the county sheriff can post a notice and physically remove the tenant after a specified lockout date.

Financial Consequences After the Moratorium

The expiration of the moratorium did not erase rent obligations. Many tenants still owe rental debt that landlords can pursue through civil judgments. This can lead to:

• Wage garnishment if a judgment is entered against the tenant.
• Negative credit reporting occurs if unpaid rent is recorded.
• Collection actions for unpaid balances even after the eviction process.

For landlords, pursuing unpaid rent may involve attorney’s fees and lengthy litigation. For tenants, unpaid rent can limit future housing opportunities.

Tenant Defenses in Eviction Cases

Even with the moratorium’s end, tenants may raise defenses such as:

• Proof of rental assistance application filed before deadlines.
• Improper notice (wrong form, incorrect time frame, or not served properly).
• Habitability issues, such as failure to maintain safe living conditions.
• Retaliatory eviction, where a landlord acts because of tenant complaints.
• Discrimination or Fair Housing violations are unlawful under state and federal law.

Risks for Landlords

Landlords who bypass the proper process face serious legal risks:

• Wrongful eviction liability, which may include damages to tenants.
• Penalties for self-help eviction such as changing locks or shutting off utilities without court approval.
• Dismissal of cases if courts find that landlords did not comply with rental assistance rules during the covered period.

Local Ordinances and Ongoing Protections

California’s statewide moratorium ended in 2022; however, some local jurisdictions have continued to extend protections. For example, Los Angeles County adopted measures preventing certain COVID-related evictions into 2023. San Francisco and other cities also enacted additional tenant safeguards.

These local ordinances often overlap with state law, creating additional layers of protection or obligations depending on the location of the property.

Comparison with Other States

California’s protections were among the most expansive. By contrast:

• New York extended its moratorium into early 2022 but limited landlord obligations differently.
• Texas ended its statewide moratorium much earlier, leaving tenants dependent on federal protections.

This context highlights California’s unique position in striking a balance between landlord rights and tenant stability.

Frequently Asked Questions

Can I be evicted if I already applied for rental assistance?

If you submitted a rental assistance application before March 31, 2022, eviction proceedings were often paused until your application was reviewed. Courts required verification of the application status before proceeding.

What happens if my landlord did not apply for rental assistance?

During the covered period, landlords were obligated to apply before filing an eviction for unpaid rent. If they failed to do so, a court could dismiss their case.

Are there still eviction protections in California today?

While the statewide COVID-19 eviction moratorium has ended, tenants still have protections under California’s Tenant Protection Act (AB 1482), which limits rent increases and requires “just cause” for eviction in many cases. Local rules may add further protections.

Do I still owe unpaid rent even if I couldn’t be evicted?

Yes. The moratorium did not erase rental debt. Tenants remain responsible for unpaid rent, but rental assistance programs covered a significant portion of this debt for those who qualified.

What forms will I need if I am involved in an eviction?

Landlords typically issue a Notice to Pay or Quit, or Notice to Perform Covenants or Quit. Tenants may respond with an Answer form to contest the eviction. Courts also issue Summons and Complaint forms in unlawful detainer cases.

Get Legal Help

Eviction law is complex and highly dependent on timing, location, and specific facts. The difference between keeping your housing and successfully recovering rent may come down to whether you understand the process. Both landlords and tenants risk costly mistakes if they attempt to navigate these rules without professional help.

At SNS Law Group, we provide clear, practical legal advice to help you understand your rights and responsibilities. Whether you are a landlord seeking to comply with state requirements or a tenant facing eviction notices, our attorneys are here to guide you through California’s eviction laws and rental assistance processes.

Schedule a Consultation with SNS Law Group