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California

These resources – like the public health crisis itself – are constantly evolving and are only current as to the date of publication. This page was last updated on September 25, 2020.

For more up-to-date information on the relief programs available in California, we recommend that you visit the Secretary of State's website or the California COVID-19 portal.

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Description of Program and Relief

Temporary Moratorium on Evictions

The City of Santa Monica has placed a moratorium on evictions for non-payment of rent for tenants who are unable to pay rent due to financial impacts related to COVID-19. The moratorium is in place for impacted residential tenants until September 30, 2020 and impacted commercial tenants until August 31, 2020.

Beginning April 24, 2020, landlords must provide tenants with notice of the eviction moratorium.

Landlords also cannot evict a residential tenant for refusing entry into a unit, unless the landlord seeks entry to repair a condition substantially endangering any tenant’s health or safety. Likewise, landlords cannot evict a tenant based on the presence of unauthorized occupants, unless their presence substantially endangers any tenant’s health or safety. Landlords also cannot initiate any no-fault evictions.

The City has suspended removals of rental property from the market under the Ellis Act (which typically allows landlords to evict tenants if they would like to get out of the rental business).

The moratorium does not waive rent owed during the moratorium period. Tenants must still pay any past due rent within twelve months after the end of the local emergency period. Landlords may not use the eviction process to seek rent that is delayed for reasons related to COVID-19, however, if the landlord has already obtained compensation for the unpaid rent through federal or state government relief funds or other programs that provide such compensation.

Government or Lead Agency

City of Santa Monica, City Manager and Director of Emergency Services

Dates Available

The eviction moratorium is now in place from March 14, 2020 through September 30, 2020 for eligible residential tenants, and through August 31, 2020 for eligible commercial tenants.

Eligibility Requirements/Restrictions

To be covered under the eviction moratorium, tenants must notify their landlords in writing of their lost income and inability to pay full rent due to financial impacts related to COVID-19, and provide supporting documentation within 30 days after rent is due. A sample notice form can be found here.

Under this order, financial impacts related to COVID-19 for residential tenants include: (1) being sick or caring for a household or family member who is sick with COVID-19; (2) layoff, loss of hours, or other income reduction due to COVID-19; (3) compliance with a recommendation from a government health authority to stay home, self-quarantine, or avoid congregating with others during the state of emergency; (4) extraordinary out-of-pocket medical expenses; or (5) child care needs arising from school closures.

Similarly, financial impacts related to COVID-19 for commercial tenants include: (1) lost business income as a result of the tenant or its employees being sick with or caring for a household or family member who is sick with COVID-19; (2) lost business income as a result of closure or reduction in of hours of operation; (3) lost business income due to compliance with a recommendation from a government health authority to stay home, self-quarantine, or avoid congregating with others during the state of emergency.

As of June 30, 2020, certain categories of commercial tenants will no longer be covered by the order. More information regarding the categories and corresponding coverages is available here.

The eviction moratorium does not apply to preexisting back rent that the tenant may have owed prior to March 14, 2020.

Application Deadlines (If Applicable)

N/A

Contact for More Information

Email consumer.mailbox@smgov.net, or call (310) 458-8336

List of Additional Information

For more information about the current scope of the eviction moratorium, please see the City’s most recent press release.


© 2021 Paul, Weiss, Rifkind, Wharton & Garrison LLP. This does not constitute legal advice and does not create an attorney-client relationship. In some jurisdictions, this publication may be considered attorney advertising. Past representations are no guarantee of future outcomes.

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