844-SD-EVICT (733-8428)

County of San Diego Eviction Moratorium Summary As of April 1, 2020

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CALIFORNIA STATEWIDE MANDATE SUMMARY
Relevant orders:

N-37-20

N-28-20

NOTES

Courts act in the favor of tenants when interpreting both state and local rules. As such, the California order should be the baseline, with local ordinances enhancing tenant rights. 

San Diego Superior Court is currently closed through April 30, 2020 

Who qualifies?

Residential tenants suffering a verifiable hardship from Covid 19, either by loss of income, governmental response to Covid 19, or medical expenses resulting from the pandemic.  This includes mobile home residences. Commercial tenants are not protected by this order

What are the requirements? 

  1. Within seven days of rent being due, a residential tenant must notify their landlord “in writing” that 

they are not able to pay rent in a timely manner because of COVID-19. Email and text communication are valid forms of “written” notice.  

  1. Tenant must provide verifiable proof of hardship to the landlord/owner. Proof includes (but is not 

limited to): termination/reduction notices; payroll checks/paystubs; bank statements showing drop in income; EDD application/acceptance; medical bill; or other documents showing tenant is unable to pay based on Covid 19 related hardship.

NOTE: Tenant has until “time upon payment of back-due rent” to provide verifiable proof of hardship.  This requirement is nonsensical and should be interpreted to mean tenant is not protected until proof is provided, and landlord may pursue all remedies to obtain payment and possession in due course.   

What happens if the tenant complies with the requirements?

  1. Non payment due to Covid 19 related hardship shall be an affirmative defense to an eviction proceeding.
  2. Tenant shall have until September 25, 2020, the date tenant vacantes the property, or the date the 

order is lifted, whichever date is sooner, to pay deferred rent. 

  1. Rent shall be deferred through May 31, 2020 (subject to extension).
  2. Tenant shall have an additional 60 days to respond to any eviction suit.
  3. Late fees are waived.
  4. Landlord is precluded from taking ANY action to evict tenant, which includes issuing notices of 

non-payment of deferred rent (until due), or filing/serving “no fault” termination notices or evictions.  “No fault” notices and/or evictions includes termination notices not based on actions by the tenant, expiration of fix term leases, and tenant initiated notices to vacate.        

What happens if the tenant does not comply with the requirements?

  1. Landlord/owner may pursue notices/evictions.
  2. Tenant is bound by the normal five-day response time for evictions.
  3. Late fees are due. 
  4. Tenant may be evicted for non-payment of rent (including deferred rent that has not been timely 

repaid). 

CITIES AND LOCALITIES SUBJECT ONLY TO STATEWIDE REGULATION
CITY/ZIP REFERENCE SUMMARY
NATIONAL CITY

91950

91951

National City Covid 19 response page As of 4/1/2020 National City does not appear to have a specific moratorium for either residential or commercial. The City page says it was last updated March 19th. There are news articles referencing National City enacting a moratorium; however nothing official has been enacted.  As such, it is presumed that as of 4/1/2020 National City follows statewide guidelines and only offers protection for residential tenants.

 

CITY/ZIP REFERENCE SUMMARY
CARLSBAD

92013

92018

Carlsbad Covid 19 page As of 4/1/2020 Carlsbad does not appear to have a specific moratorium.  The city site refers to Gov Nesom’s order N-37-20.  As such, state rules apply, and only residential tenants are protected. 
CITY/ZIP REFERENCE SUMMARY
DEL MAR

92014

Del Mar Covid 19 response page As of 4/1/2020 Del Mar does not appear to have a specific moratorium.  The city site has a Covid 19 subsection and nothing referring to a local ordinance.  As such, state rules apply, and only residential tenants are protected.  
CITY/ZIP REFERENCE SUMMARY
EL CAJON

92019

92020

92021

92022

92090

El Cajon Covid 19 response page As of 4/1/2020 El Cajon has explicitly declared it has no need to impose anything more than what the state imposed.  As such state rules apply and only residential tenants are protected.   

NOTE: El Cajon actually has some areas that are unincorporated, which would likely fall under the UI SCD restrictions. 

CITY/ZIP REFERENCE SUMMARY
ENCINITAS

92023

92024

Encinitas Covid 19 page As of 4/1/2020 Encinitas does not appear to have a specific ordinance.  As such refer to statewide rules which only protect tenants in residential properties.  
CITY/ZIP REFERENCE SUMMARY
CARDIFF-

BY-THE-SEA

92007

Encinitas Covid 19 page Cardiff is under Encinitas, and as of 4/1/2020 statewide rules apply. 
CITY/ZIP REFERENCE SUMMARY
ESCONDIDO

92030

92033

92046

Escondido Covid 19 page The City of Escondido follows the State and County orders as well as direction from County health officials.  As such, as of 4/1/2020 state rules apply and relief is only currently available for residential tenants. 
CITY/ZIP REFERENCE SUMMARY
LA JOLLA/

UCSD

92037

92038

92039

92092

92093

La Jolla as City of San Diego As of April 1, 2020, La Jolla does not appear to have a separate moratorium on evictions.  However, in many regards La Jolla is considered “City of San Diego.” Best practice would be to apply both City of SD and statewide regulation.  SD City provides for commercial and residential protection, the statewide moratorium is only residential. 
CITY/ZIP REFERENCE SUMMARY
SOLANA BEACH

92075

Solana Beach Covid Page  As of 4/1/2020 Solana Beach does not appear to have a local ordinance.  As such, statewide regulations apply and only residential tenancies are protected. 
CITY/ZIP REFERENCE SUMMARY
VISTA

92081

92083

92084

92085

Vista Covid 19 response page As of 4/1/2020 Vista does not have a local ordinance.  As such, statewide regulations would apply and only residential property is protected.  
CITY/ZIP REFERENCE SUMMARY
CORONADO

92118

92178

Coronado Covid 19 page As of 4/1/2020 Coronado does not have a local ordinance.  As such, statewide regulations would apply and only residential property is protected.  
CITY/ZIP REFERENCE SUMMARY
SAN YSIDRO

92143

92173

San Ysidro resource page As of 4/1/2020 San Ysidro does not have a local ordinance.  As such, statewide regulations would apply and only residential property is protected.  
CITIES AND LOCALITIES WITH LOCAL ORDINANCES/RULES
CITY/ZIP REFERENCE SUMMARY
CHULA VISTA

91909

91910

91911

91912

91913

91914

91915

91921 

Chula Vista 20-0118 A Residential (including mobile homes) and Commercial

1) Can’t evict for nonpayment related to covid, if tenant serves notice to owner in writing up to 30 days AFTER rent is due and provides proof in the same timeframe.  Nothing precludes serving a tenant with a 3-day notice within the 30-days (or filing a lawsuit for that matter) but that would likely trigger the tenant to comply.

2) Can’t evict on “no fault” including lease expiration, tenant notice to vacate, no fault termination notices, unless “necessary for the health and safety of tenants, neighbors, or the landlord.” 

This applies to nonpayment eviction notices, no fault eviction notices, and UDs based on such notices, “served or filed” on or after March 4th.  

  

Tenant has until 6 months after Chula Vista lifts the ordinance to pay back deferred rent.  This is a much longer timeframe than the state rule which says six months from March 25th or when the state ordinance is lifted, whichever is sooner.

Late fees ARE waived if tenant complies with notice/document requirement. 

The CV ordinance also says at no point can the deferred rent be included in a lawsuit for eviction.  This means if tenant (or former tenant) does not pay within 6 months, owner must file a civil or small claims suit to get judgment for the deferred rent.

Foreclosures:  Cant evict if the foreclosure itself resulted from Covid related hardship.  The foreclosure section expires May 31, 2020 unless extended by executive order.  Whether or not the foreclosure is based on Covid 19 hardship is most certainly a triable issue of fact.  We cant get the information without serving a notice, since the prior owner/renter would not know who to provide info to and the ordinance does not require the info within a certain amount of time. Furthermore, foreclosures do not just happen and are generally based on a notice of default served well in advance of any sale.

CITY/ZIP REFERENCE SUMMARY
IMPERIAL

BEACH

91932

91933

Imperial Beach Article On Tuesday Mar. 17 the city held a special council meeting some important decisions were made for the residents of Imperial Beach. Supposedly, City Council of Imperial Beach implemented new provisions suspending residential evictions until May 31, 2020, or until the declared local emergency has ended, whichever is first.  However, as of April 1, 2020, nothing formal has been executed.

According to the articles, City Council adopted a Resolution that in part states, “No landlord shall endeavor to evict a tenant who demonstrates both (a) the basis for the eviction is nonpayment of rent rising out of a substantial decrease in household or business income… and (b) the decrease in household or business income… was caused by the COVID-19 pandemic.”

“The Resolution will give the residents who are financially struggling a peace of mind as we all adjust to the realities of the nationwide effort to address the spread of the COVID-19 virus,” said Imperial Beach Mayor Serge Dedina.

The Resolution includes, “(N)othing in this Resolution shall relieve a tenant from the obligation to pay rent, nor restrict a landlord’s ability to recover rent due.”

If this is accurate, it appears owner/landlords may still issue notices, and file lawsuits, but not until May 31st. All evictions in progress are stayed until May 31. Presumably the state rules apply for tenant notification. 

CITY/ZIP REFERENCE SUMMARY
LA MESA

91941

91942

91943

91944

La Mesa Order 1-2020 As of 4/1/2020, it appears La Mesa starting giving itself authority to impose a moratorium.  Maybe before the gov did so? I could not find anything specific on protections. It appears it might be a blanket moratorium until May 31st.  It might also just be following state guidelines leaving open the option to make local rules. It is confusing because it references both residential and commercial but does not provide specific protections. 
CITY/ZIP REFERENCE SUMMARY
OCEANSIDE

92049

92051

92052

92056

92057

92058

Oceanside [Proposed] Order As of 4/1/20 Oceanside still just has a proposed order with the latest revision on 3/26/20. OC is using Feb 14, 2020 (date SD County declared emergency) as tipping point of income hardship.

What are the requirements?

Cannot evict if Covid related hardship/medical bills or any govt response to Covid 19 including the Feb 14th declaration of emergency.  This could call into question March rent if proper documentation and notification has been provided. 

Tenant must

1) notify LL prior to rent being due (except state mandate is up to seven days after); 

2) provide documentation within one week of notification; 

3) “paid the portion of the rent that tenant is able to pay. 

NOTE: The ordinance does not provide an objectionable way to make this determination. Likely this prong will be meaningless but it encourages tenants to pay something. 

What if tenant complies?

This ordinance applies only to non payment evictions and notices filed or served after 3/18/20.  Late fees are NOT waived even if tenant timely complies. 

Ordinance explicitly does not restrict a Landlord/owner’s ability to recover rent but also says “If a tenant elects to move out while the ordinance is effective, all owed rent is due upon move out.” 

Ordinance to remain in effect until May 31, 2020; however, state order says rent is deferred for six months or when the moratorium is lifted or tenant vacates, whichever is sooner. Provided the state moratorium is lifted May 31, 2020, there should be no conflict.  

CITY/ZIP REFERENCE SUMMARY
OCEANSIDE, CAMP PNDLTN

92054

Part UI SDC Although this is both OC and Pendalton neither rules likely apply.  This is a military installation.  
CITY/ZIP REFERENCE SUMMARY
SAN MARCOS

92069

92078

92079

92096

San Marcos City Declaration As of April 1, 2020 San Marcos does not have a local “ordinance” on eviction.  The city page provides the following:

If tenant has a financial hardship related to Covid, and has provided notice and documentation within 30-days of rent being due, “no eviction may be filed or pursued.”  Once tenant has provided proper notice, rents are deferred until May 31, 2020. The notice and documents trigger the deferment.  

This arguably means you can issue a 3-day PQ notice in due course, and arguably file a lawsuit, but if the tenant comes through with the notice and information within 30-days, you cannot pursue the eviction (further) until May 31, 2020. 

Late fees are NOT waived even if tenant successfully defers rent. 

Violation of the moratorium may result in fines.  Tenants are encouraged to report violations to the city attorney.       

CITY/ZIP REFERENCE SUMMARY
SANTEE

92071

92072

Santee Ordinance No. 575 The version from March 25, 2020 provides rent deferment and eviction protection only to residential evictions (presumably includes mobile homes). The resolution “grants a defense” to unlawful detainer filed in violation of this ordinance. The next meeting will address commercial tenancies. 

Who qualifies?

1) Can’t evict for nonpayment related to covid, if tenant serves notice to owner in writing up to 30 days after rent is due and provides proof in the same timeframe.  Nothing precludes serving a tenant with a 3-day notice within the 30-days (or filing a lawsuit for that matter) but that would likely trigger the tenant to comply.

2) Cant evict on “no fault” basis including lease expiration, tenant notice to vacate, no fault termination notices, unless “necessary for the health and safety of tenants, neighbors, or the landlord.” 

This applies to nonpayment eviction notices, no fault eviction notices, and UDs based on such notices, “served or filed” on or after March 4th.    

What happens if tenant complies?

  1. Tenant has until 6 months after Santee declares there is no local emergency to pay back deferred 

rent.  This is a much longer timeframe than the state rule which says six months from March 25th or when the state ordinance is lifted, whichever is sooner.

  1. Late fees are waived. 
  2. At no point can the deferred rent be included in a lawsuit for eviction.  This means if the tenant (or 

former tenant) does not pay deferred rent within 6 months, the owner must file a civil or small claims suit to get judgment for the deferred rent.

CITY/ZIP

REFERENCE

SUMMARY
CITY OF SAN DIEGO

(INCORPORATED)

O-21177

A tenant must notify their landlord in writing that they are not able to pay their rent in a timely manner because of COVID-19. (Email and text communication are valid forms of written notice).  Applies to rent due after March 12, 2020. 

This written notice must be provided to the landlord on or before the date the rent is due (but likely a grace period of seven days after due to statewide moratorium).

Within one week of providing this notice to the landlord, the tenant must provide the landlord with documents or objectively verifiable information that the tenant is unable to pay rent because of the financial effects of COVID-19. (Examples of documentation: note or letter from employer regarding tenant’s loss or substantial reduction in employment; payroll records showing substantial loss of income due to COVID-19; bank statements that illustrate a drop in income; or other documentation that proves that tenant has not been generating the same level of income due to COVID-19. A tenant may also show substantial out-of-pocket medical expenses related to COVID-19.)

If a tenant does not provide the required documents/information within one week, a landlord may pursue an enforcement action that is allowed by state or local laws (but if they qualify under state rules, tenant gets additional 60-days to respond to the lawsuit). 

If a tenant moves while the City of San Diego’s temporary ban on evictions is in effect, all rent owed is due when the tenant moves out, unless the lease says this will be handled differently.  

Tenants who are protected from evictions by the City of San Diego’s Ordinance have up to six months from the date the ordinance is effective (March 25, 2020 – September 25, 2020) or the date Governor Newsom’s executive order is withdrawn, whichever occurs soonest, to pay their landlords all unpaid rent.  

Tenants who do not timely pay the outstanding deferred rate in full ARE subject to eviction for non payment. 

Late fees ARE waived if tenant complies. 

PER STATE RULE: If tenant complies Landlord cannot take ANY action to evict which includes 3-day PQ notices, and/or pursuing no fault evictions.  I read this to mean you cant issue a 60-day notice to someone who complies with the rent deferment request and documents (presumably the notice would be in retaliation). You also would not be able to pursue an eviction based on expiration of a fix term lease, or on a tenant’s notice to vacate. 

Zip Codes Incorporated SD
92101

92102

92103

92104

92105

92106

92107

92108

92109

92110

92111

92112

92113

92114

92115

92116

92117

92119

92120

92121

92122

92123

92124

92126

92127

92128

92129

92130

92131

92132

92134

92135

92136

92137

92138

92139

92140

92142

92145

92147

92149

52150

92152

92153

92154

92155

92158

92159

92160

92161

92162

92163

92164

92165

92166

92167

92168

92169

92170

92171

92172

92174

92175

92176

92177

92182

92184

92186

92187

92190

92191

92192

92193

92194

92195

92196

92197

92198

92199

CITY/ZIP

REFERENCE

SUMMARY
SAN DIEGO (UNINCORPORATED)

UI SDC

LIST/MAP

As of 4/1/2020, a formal resolution for the unincorporated areas of County of San Diego has not been adopted.  However, it appears UI SDC will follow City of San Diego Guidelines. 
CITY/ZIP UNINCORPORATED SD
91901

91903

91902

91908

91905

91906

91934

91916

91917

91935

91945

91946

91947

91948

91962

91963

91976

91976

91977

91978

91979

91980

91987

92003

92004

92004

92028

92088

92036

92036

92040

92055

92059

92059

92060

92061

92064

92074

92065

92066

92067

92091

92068

92070

92082

92086

ALPINE

BONITA

BOULEVARD

CAMPO

JACUMBA

DESCANSO

DULZURA

JAMUL

LEMON GROVE

LINCOLN ACRES

MOUNT LAGUNA

PINE VALLEY

POTRERO

SPRING VALLEY

TECATE

BONSALL

BORREGO SPRINGS

OCOTILLO WELLS

FALLBROOK

JULIAN

LAKESIDE

CAMP PENDLETON

PALA

PALOMAR MTN

PAUMA VALLEY

PALA

POWAY

RAMONA

RANCHITA

WARNER SPRINGS

RANCHO SANTA FE 

SAN LUIS REY

SANTA YSABEL

VALLEY CENTER

WARNER SPRINGS

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