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Updates on City of San José Services and/or Operations . (English | Español | Tiếng Việt | 中文)

Eviction Moratorium in San José

This page is being updateD regularly. Please check back often for the latest information.

The San José City Council has enacted a temporary eviction moratorium in response to the COVID-19 pandemic. The moratorium is in effect through June 30, 2020.

Here is a fact sheet about the moratorium in three languages (English, Español, Tiếng Việt).

Here is information landlords need to know about the moratorium.

Below is a webinar about the moratorium that was recorded on May 28, 2020.

 

Here is the presentation from the webinar about the moratorium.

Xin vào đây để xem bản trình bày bằng tiếng Việt.

Haga clic aquí para ver la presentación en Español

The moratorium applies to all residential properties in San José, including single-family homes, rooms rented in single-family homes, duplexes, condominiums, income-restricted apartments (i.e., affordable housing), rent-stabilized apartments, market-rate apartments, and mobilehomes.

Please note the moratorium only applies to residential evictions for nonpayment of rent due to impacts of the COVID-19 outbreak. There is no moratorium on lawful evictions for other just causes.

Tenants Must Eventually Pay All Rent

Affected tenants who accrue unpaid rent during the eviction moratorium have until December 31, 2020, to pay back at least 50% of the unpaid rent. Affected tenants have until June 30, 2021, to pay back the remainder of their unpaid rent that accrued during the eviction moratorium.

Landlords may not charge affected tenants any penalties, fees or interest on unpaid rent that accrues during the eviction moratorium.

Tenants and Landlords May Negotiate Repayment Agreements

Affected tenants and landlords may negotiate their own repayment plans for unpaid rent that accrues during the eviction moratorium. This is voluntary. Before a repayment plan is signed, the landlord must provide the tenant with a notice of their rights under the eviction moratorium related to repayment of past due rent

No Harassment or Retaliation

Retaliation or harassment against affected tenants who invoke their rights under the eviction moratorium is prohibited. 

Process for Stopping an Eviction While the Moratorium is in Effect

If a landlord serves a tenant with a termination notice while the eviction moratorium is in effect, the tenant has seven days to notify the landlord that the tenant’s income has been impacted by the COVID-19 pandemic. 

If the landlord moves ahead with the attempted eviction, the tenant must demonstrate two things to stop the eviction under the eviction moratorium:

1. You have been impacted by COVID-19. Examples of being impacted by COVID-19 include:

  • job loss
  • reduction in hours of work
  • store, restaurant or office closure
  • furlough or layoff
  • the need to miss work to care for a home-bound, school-age child
  • State or local emergency actions that prevent you from working

2. You have suffered a substantial loss of income due to COVID-19 or related emergency declarations by County, State or federal agencies. You must provide documentation to your landlord showing you have experienced a substantial loss of income. Examples of documentation include:

  • letter from an employer citing COVID-19 as a reason for reduced work hours or termination
  • paycheck stubs from before and after the COVID-19 outbreak
  • bank statements showing your financial situation before and after the outbreak

If your landlord initiates an eviction for nonpayment of rent during the moratorium, you should notify your landlord that your income has been reduced substantially due to COVID-19. You should begin collecting documentation as soon as possible.

Here is a form to help you document your reduced income: English | Español | Tiếng Việt

Here is a form to help you explain your reduced income if you do not have documentation:
English | Español | Tiếng Việt

To begin the eviction process while the moratorium is in effect, the landlord must provide you with a written notice of the moratorium, and the amount of rent due, in addition to a notice of termination.

Please note the moratorium does not apply to preexisting back rent you may have owed prior to the moratorium. If you already owe back rent, you may still be evicted for failure to pay that rent.

While the moratorium is in effect, tenants living in single-family homes, rooms rented in single-family homes, duplexes, condominiums, income-restricted apartments (i.e., affordable housing) and mobilehomes will be provided with Just Cause eviction protections that are similar to protections provided to many renters under the Tenant Protection Ordinance.

Here is the official emergency ordinance that put the moratorium into effect.

For more information about the urgency eviction moratorium, please read our list of frequently asked questions. If you have additional questions, please email RSP@sanjoseca.gov or call the Rent Stabilization Program at 408-975-4480.

 

ADDITIONAL ASSISTANCE FOR RENTERS

If you are at risk of losing your housing or missing a rent payment, you can place your name on an interest list for the Rental Assistance Fund. The fund provides temporary financial assistance and supportive services to low-income families or individuals who are at risk of becoming homeless. 

You can get more information about the Rental Assistance Fund by calling (408) 780-9134 or emailing covid19help@sacredheartcs.org.  You can also contact any of the participating agencies (see the list on page two of this flier). During this current public health crisis, we recommend calling agencies before going into the office to confirm open hours.