Real Property Law
COVID-19 Forms Chart for Evictions
September 2020 to February 2021
Simkin & Associates, Inc.
www.realproplaw.com | www.attorneysecrets.com
| Form Name | When to Use Form(s) | |
| Covid-19 Rights Informational Notices | Landlord and Tenant COVID-19 Rights by DRE Informational Notice of COVID-19 rights for all tenants Informational Notice of for âhigh incomeâ tenants making over 130% of median income in their county of residence | ⢠General information on landlord and tenant rights re: Covid-19 ⢠Send to all tenants owing rent between March 1, 2020 and September 1, 2020. Must also serve this informational notice before serving a non-payment of rent notice for rent due between September 1, 2020 and January 31, 2021, if the tenant has not previously been provided with the informational notice. ⢠If âhigh income tenantâ, serve additional warning. Be safe, serve both notices on all tenants. |
| Forms Demanding Payments Due Between Mar. 2020 & Aug. 2020 | 15-Day Notice to Pay Rent or Quit (Rent Due March 1, 2020 â August 31, 2020) | ⢠The tenant owes one or more rent payments due between March 1, 2020 and August 31, 2020. (Can only evict if no declaration returned by the tenant.) |
| Forms Demanding Payments Due Between Mar. 2020 & Aug. 2020 (cont.) | Blank Declaration of Inability to Pay Rent because of COVID-19-Related Financial Distress (Rent Due March 1, 2020 â August 31, 2020) to give tenant | ⢠Note: the 15 days do not include weekends and court holidays ⢠Must serve with a blank declaration of inability to pay due to Covid-19. The property cannot be subject to the Cares Act or CDC Act. If the tenant does not return a signed declaration, then landlord can file unlawful detainer action. |
| Forms Demanding Payment Due Between Sep 2020 & Jan 2021 | 15-Day Notice to Pay Rent or Quit (Rent Due September 1, 2020 to January 31, 2021) | ⢠If between September 1, 2020 and January 31, 2021, the tenant has not paid at least 25% of the total rent due as of date of service. ⢠The property cannot be subject to the Cares Act or CDC Act. |
| Forms Demanding Payment Due Between Sep 2020 & Jan 2021 (cont.) | Blank Declaration of Inability to Pay Rent because of COVID-19-Related Financial Distress (Rent Due September 1, 2020 â January 31, 2021) to give tenant | Must serve with a blank declaration of inability to pay due to Covid-19. The property cannot be subject to the Cares Act or CDC Act. If the tenant does not return a signed declaration, then landlord can file unlawful detainer action. (This is the same form as served for pre-September 1, 2020 rent but the high-income rule applies.) |
| Miscellaneous | State Income Limits (If high income or not) Must add to all notices the name of landlord, where to pay rent, phone number, etc. as otherwise required by law | ⢠Verify if high income by looking at tenantâs application ⢠Do not forget to comply with local rent control, the new statewide rent control, the CDC and Cares Act rules. |