Real Property Law

COVID-19 Forms Chart for Evictions

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September 2020 to February 2021

Simkin & Associates, Inc.

www.realproplaw.com | www.attorneysecrets.com

Form NameWhen to Use Form(s)
Covid-19 Rights Informational NoticesLandlord and Tenant COVID-19 Rights by DRE
Informational Notice of COVID-19 rights for all tenants
Informational Notice of for “high income” 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 “high income tenant”, serve additional warning. Be safe, serve both notices on all tenants.
Forms Demanding Payments Due Between Mar. 2020 & Aug. 202015-Day Notice to Pay Rent or Quit (Rent Due March 1, 2020 – 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 – 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 202115-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 – 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.)
MiscellaneousState 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 tenant’s application
• Do not forget to comply with local rent control, the new statewide rent control, the CDC and Cares Act rules.

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