PAGE LAST UPDATED: June 10, 2020
Countywide Moratorium on Residential and Small Business Evictions Extended Through July 28
The County’s eviction moratorium has been extended through July 28, 2020. Residential and small business tenants now have up to six months after the moratorium expires or terminates to repay at least 50% of the past-due rent, and up to 12 months after the moratorium expires or terminates to repay past-due rent in full. Non-profit entities that satisfy all other requirements are included under the Ordinance. Landlords may not charge a late fee so long as the rent is repaid according to this timeline. The ordinance was also amended to require a landlord to inform a tenant of their repayment rights under the moratorium prior to initiating any repayment plan with the tenant. The Ordinance covers different types of residential tenancies, including but not limited to, tenants who rent apartments, single family homes, mobile homes, and tenants who rent rooms in private homes. The County Board of Supervisors extended the moratorium by adopting Ordinance No. NS-9.288 and Ordinance No. NS-9.289 on May 26 and June 2 respectively.
On March 24, the Santa Clara County Board of Supervisors enacted the original moratorium on "no-fault" evictions and evictions for non-payment of rent for residential and small business tenants resulting from a substantial loss of income and/or substantial out-of-pocket medical costs caused by COVID-19.
While the ordinance neither relieves a tenant of the obligation to pay rent nor restricts a landlord’s ability to recover rent due, the measure does prevent evictions from occurring in the midst of this crisis. Key aspects of the ordinance include:
- Prohibits eviction for failure to pay rent for renters financially affected by the COVID-19 crisis
- Applies to both residential and small business renters and non-profit entities that satisfy requirements
- Applies to renters who can document “substantial loss” as a result of the COVID-19 crisis
- Landlords cannot charge or collect late fees so long as the rent is repaid according to this timeline
County Moratorium Resources
Forms, frequently asked questions and resources for tenants and landlords regarding the eviction moratorium are available from the County of Santa Clara and include:
- County Eviction Moratorium Web Page
- New Ordinances NS-9.288 and NS-9.289
- Frequently Asked Questions
- Reason for Termination of Tenancy
- Notice to Landlord of Eviction Protection
- Legal Resources for Tenants and Landlords and Small Business Tenants
- Renter Assistance Resource Programs
Information for Landlords
Per the County’s moratorium, a landlord who initiates an eviction for non-payment of rent or a no-fault cause during the moratorium, must:
- Provide tenants with the Reason for Termination of Tenancy or Eviction and Notice of Tenants’ Rights stating the reason for the eviction and notice of the tenants’ rights when serving the notice of termination; and
- Provide resources for rental assistance programs
Landlords still have a right to collect rent if the tenant qualifies for protection under the moratorium. However, the tenant has six months after the moratorium ends to repay at least 50% of past-due rent and 12 months after moratorium ends to repay past-due rent in full. Landlords cannot charge a late fee Before initiating any repayment plan with a tenant protected under this moratorium, the landlord must first inform the tenant of these repayment protections. This moratorium does not apply to otherwise lawful or at-fault evictions for reasons other than non-payment of rent due to a substantial loss and/or out-of-pocket medical expense caused by COVID-19.
Information for Tenants
Per the County’s moratorium, a renter can provide the Notice to Landlord of Eviction Protection with documentation of substantial income loss and/or substantial out-of-pocket medical expenses caused by COVID-19 as soon as possible.
Examples of substantial loss of income due to COVID-19 include:
- Job loss or reduced work hours
- Missed work to care for a family member infected with COVID-19 or a child due to school closure
- If the business qualifies as a small business, closure of a place of business or substantial decrease in business income
Examples of documentation tenants can provide include:
- Letters from your employer, a doctor, or your child’s school citing COVID-19 as the reason for reduced work, missing work, or school closure
- Paycheck stubs from before and during the COVID-19 pandemic
- Bank statements showing your financial situation before and during the COVID-19 pandemic
Landlords must provide tenants with the Reason for Termination of Tenancy or Eviction explaining why they are being evicted, and what their rights are, as well as assistance programs if landlords try to evict tenants.
Campbell Rental Increase Dispute Program
The City of Campbell encourages property owners to limit rent increases to fair and reasonable amounts, provide greater than minimum advance notice of increases, limit the number of rent increases in any one year to as few as possible, provide well maintained living units, discourage retaliatory evictions, and cooperate with their tenants toward resolving any disputes.
Project Sentinel is a non-profit organization that assists individuals with housing problems such as discrimination, mortgage foreclosure & delinquency, rental issues including repairs, deposits, privacy, dispute resolution, home buyer education, post purchase education and reverse mortgages.
Campbell renters and rental property owners may contact Project Sentinel which manages the Campbell Rent Mediation Program. Project Sentinel provides information and counseling regarding rights and responsibilities under California tenant landlord law and the Campbell ordinance.
Phone: (408) 243-8565
Business Hours: Monday through Friday 9:00 AM to 12:00 PM and 1:00 PM to 4:00
Renters or owners of complexes with four or more units are also eligible for conciliation and mediation through the Rent Mediation Program.
Disputing a Rent Increase or Service Reduction
- A tenant must first contact the owner/manager and make a reasonable, good faith effort to resolve the dispute.
- If that effort does not resolve the dispute, the tenant may open a case by filing a petition with the Campbell Rent Mediation Program (petition forms are supplied upon request).
- If the petition is for a rent increase, the petition must be filed within 15 days of the effective date of the increase.
- If the petition is for a service reduction, a service reduction form must be filed with the petition forms.
- Once the Program receives the petition, a copy of the petition is mailed to the property owner/manager, for review. Then, the administrator of the program will contact the property owner/manager to begin dispute resolution discussions.