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 mobile homes.
Please note the moratorium stops 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.
If you are a landlord, and you initiate an eviction for nonpayment of rent during the moratorium, you must take these steps:
- Provide tenants with written notice of the eviction moratorium when serving a notice of termination
- Provide resources for residential tenants
- Submit a copy of the notice of termination to the Housing Department via US mail or online
Your tenant may stop the eviction by notifying you he/she has suffered a substantial loss of income due to the COVID-19 crisis. Examples of substantial loss of income due to COVID-19 include:
- Job loss or reduced hours
- Missed work to care for a child due to a school closure
- State/local emergency actions that prevent a person from working
During the eviction process, your tenant must provide documentation showing he/she has 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 financial situation before and after the outbreak
While the moratorium is in effect, tenants living in condominiums, duplexes, income-restricted affordable housing, single-family homes, and rooms rented within single-family homes will be provided with Just Cause eviction protections that are similar to protections provided to many renters under the Tenant Protection Ordinance.
If you would like to negotiate a repayment plan with a tenant for unpaid rent that accrues during the eviction moratorium, you must provide your tenant with this disclosure about their rights before signing the repayment agreement.
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.