As a landlord in San Diego County, you may be concerned about your rights and responsibilities in the aftermath of a flood. This blog post will provide you with an overview of the eviction moratorium and the rights tenants have to habitable housing.
Eviction Moratorium
The eviction moratorium is a temporary order that prohibits landlords from evicting certain tenants who have been “directly or indirectly” impacted by flooding. This means that even if a tenant is behind on rent or has violated other lease terms, the landlord cannot evict them during the moratorium period. The current moratorium in San Diego County is in effect for 60 days from the date of the flood, which was January 22, 2024.
Here are some additional details about the eviction moratorium:
- It applies to tenants where the landlord or owner should reasonably know the tenant has been “indirectly or directly” impacted by flooding.
- Landlords can still evict tenants for cause, such as criminal activity or damage to the property, if such activity results in an immediate and serious threat to a person’s health or safety.
- Landlords CANNOT evict a tenant for a tenant’s “acts or omissions” in response to the flood, including but not limited to “acts or omissions” regarding leaving the residence for flood repair.
- There is absolutely no requirement for Tenants to provide documentation to their landlord to show that they have been impacted by flooding.
- The County Board designated eleven “affected areas” by zip code: 92113 (San Diego), 91977 (Spring Valley), 91950 (National City), 92114 (San Diego), 92102 (San Diego), 92115 (San Diego), 91945 (Lemon Grove), 92118 (Coronado), 92104 (San Diego), 92105 (San Diego), and 92111 (San Diego).
- The moratorium is NOT limited to only the “affected areas” as it includes tenants who have been “indirectly” impacted by flooding.
Tenants’ Rights to Habitable Housing
Even during the eviction moratorium, tenants still have the right to live in a habitable dwelling. This means that the unit must be free from defects that could harm their health or safety, such as leaks, mold, or electrical problems. If a unit is deemed uninhabitable due to flooding, the landlord must take immediate action to remediate, and cannot charge rent until the unit is fully restored.
Here are some additional details about tenants’ rights to habitable housing:
- Tenants have the right to demand repairs from their landlord in writing.
- If the landlord does not make repairs, the tenant may be able to withhold rent or hire a repair person and deduct the cost from their rent.
- In some cases, tenants may be able to break their lease if the unit is uninhabitable.
It is important to note that this is just a general overview of the eviction moratorium and tenants’ rights to habitable housing. The specific rights and responsibilities of landlords and tenants may vary depending on the circumstances. If you have any questions about your rights or responsibilities, you should consult with an attorney.
Other Important Considerations:
- You may be able to apply for FEMA assistance to help cover the cost of repairs to your property.
- You should document all damage to the property and keep copies of all receipts for repairs.
- You should consult with an attorney to discuss your specific rights and responsibilities.
