Temporary Moratorium during COVID-19

Temporary Moratorium on Residential Evictions



On March 27, 2020, the Fremont City Council ratified an Executive Order establishing a temporary moratorium on evictions of residential tenants. This new Executive Order imposes regulations related to evictions from all residential rental units where the failure to pay rent is due to income loss resulting from the declared Coronavirus (COVID-19) public health crisis.

Key Features

  • The Executive Order applies to all renters, including mobile home owners and mobile home renters
  • Landlords are prohibited from evicting their affected tenants for nonpayment of rent when the tenant demonstrates that the failure to pay rent is due to financial hardship caused by the COVID-19 crisis.
  • Tenants seeking protection from eviction are required to notify their landlord the reasons why they are unable to pay rent and to demonstrate a connection to COVID-19.
  • Tenants should provide notice with supporting documentation(s) to their landlords on or before the day rent is due of their potential inability to pay the rent because of COVID-19, but not later than five calendar days after the tenant is properly served with a Notice of Termination.
  • The Order does not apply to tenants who are already delinquent or in default (default is a documented process) prior to the Shelter in Place Order issued by the Alameda County Health Officer.
  • The Order does not allow for a rent waiver or rent forgiveness.
  • The Order will remain in effect for six months following end of the declared emergency, but with the eviction moratorium ending 30 days after the expiration of declared emergency.

Tenant Liability for Rent

  • Under the Executive Order, a tenant seeking protection shall pay the portion of the rent that they are able to pay when they are able to pay it.
  • Nothing in the Order shall relieve a tenant of liability for the unpaid rent, which the landlord may seek after expiration of the local emergency.
  • The tenant must be able to provide documentation to support their claim that they are unable to pay rent due to the COVID-19 crisis. Documentation includes, but is not limited to, the following:
    • A letter from an employer or other source of income citing the COVID-19 crisis as a reason for reduced work hours, termination, or other significant reduction in pay;
    • Paycheck stubs showing a reduction in pay following the COVID-19 outbreak;
    • Bank statements showing financial hardship following the COVID-19 outbreak;
    • Documentation showing payment of substantial out-of-pocket medical expenses caused by COVID-19; and/or
    • Documentation showing the closure of school or childcare facility where a child in the tenant’s care would otherwise be attending during the tenant’s working hours.

Payment of Past Due Rent

  • The tenant is still liable for any unpaid rent. While the moratorium is in place, it is important that tenants continue to pay rent to ensure housing stability for the community.
  • A landlord shall not impose late fees or serve a 5-day notice for nonpayment of rent to an affected tenant provided the following: within ninety (90) days after the expiration of the declared local emergency, tenant has repaid fifty percent (50%) of any overdue rent and expenses; and within one hundred-eighty (180) days after the expiration of the declared local emergency, tenant has repaid all outstanding overdue rent and expenses accrued during the emergency. 
  • A landlord may not charge or collect a late fee for rent that is delayed for the reasons stated in the Executive Order. In addition, a landlord may not seek rent that is delayed for the reasons stated in the Order through the eviction process.

Resources for Tenants

Resources for Landlords

Questions?


For questions, please contact the Housing Division by email or by calling 510-494-4500.