The San Diego City Council has enacted a temporary eviction moratorium that will bar property owners and/or managers from kicking out tenants who can show proof that they are facing financial difficulties because of the Covid-19 crisis.
The local emergency law though is temporary and limited in nature, as it will be effective until May 31, 2020 only and subject to certain conditions.
Limitations of the Eviction Moratorium Law Enacted by the San Diego City Council
The eviction moratorium can only protect those that can demonstrate or show proof that their income has been greatly reduced due to lack of business or employment engagements. Tenants suffering from financial stress caused by substantial medical expenses can also seek protection against eviction by presenting proofs of medical bills that they have to incur as a result of the health crisis.
The conditions suggest that tenants who are in good health and receiving compensation under a work-at-home arrangement, are expected to pay rent as they fall due even during the ongoing coronavirus restrictions. Otherwise, their landlord can enforce eviction order and force them to shelter-in-place in another location.
Business owners who continue to trade or render services through the Internet of things can also be expected to pay rent for their brick-and-mortar storefronts. Not unless they can show proof that their online business operation does not yield income that can sufficiently replace the substantial loss of sales suffered from the absence of storefront operations.
Such conditions required from tenants and lessors of commercial spaces aim to strike a balance in protecting the interest of both tenants and landlords. After all landlords and rental property owners are also entitled to seek protection of their business income to prevent unscrupulous individuals from taking advantage of the eviction moratorium.
State Government’s Lockdown and Shelter-in-Place Orders Do not Automatically Include the Eviction Moratorium
When California Governor Gavin Newsom placed the entire population of Calfirnians under lockdown and shelter-in-place restrictions, he also gave authorization to local governments to temporarily suspend eviction actions against residents and business owners. However, Gov. Newsom made it clear that the suspension of eviction laws can be enforced only if the local council had enacted an eviction moratorium law similar to the law enacted by the San Diego City Council.
This denotes that a San Diego landlord can proceed and pursue eviction actions against non-paying tenants in Bay Area communities that have no emergency moratorium laws in place. According to Governor Newsom, city or community councils must pass their own temporary eviction moratorium in order to protect their residents from unjust eviction orders during their Covid-19 trials.
SD Councilman Chris Ward Sees the Need to Come-Up with Long Term Solutions
SD Councilman Chris Ward said that
”The emergency eviction moratorium is necessary but they do not go far enough to provide tenants with long term solutions
Missed or delayed payments of rents will only add to the financial burdens faced by families and business operators even after the Covid-19 crisis ends. Although the San Diego City Council approved the financial assistance package recommended by San Diego Mayor Kevin Faulconer, he still sees the need to develop a strategy aimed at working with banks and lenders.
Councilman Ward specifically mentioned halting of mortgage payments that will burden individuals and landlords who suffered severe losses of compensations and business income in the wake of the coronavirus crisis. .
Otherwise, many risk facing bankruptcy once all delayed payment of obligations will be up for collection. Although one can seek legal assistance from a bankruptcy attorney san diego based lawyers can best help San Diegans get out of bankruptcy if there are related local laws that can immediately ease the financial demands on an individual’s economic resources.