When did the eviction moratorium end in Alameda County?
The Alameda County eviction moratorium ended on April 28, 2023 at 11:59 p.m. The moratorium prohibited property owners from filing evictions against tenants who were unable to pay rent due to a COVID-19 related hardship. Beginning May 1, 2023, nonpayment of rent may result in the start of the eviction process.
I was unable to pay rent during the pandemic, but I have a new job and pay rent. What do I do?
Rent that tenants were unable to pay during the time period of the eviction moratorium (March 2020- April 2023) is accrued and still owed to the landlord. The moratorium states that the accrued debt is not grounds for an eviction and tenants were encouraged throughout the pandemic to submit Declarations of Financial Hardship to prove that there was a COVID-19 related financial distress.
Tenants have 12 months to pay the property owner all the rent accrued during the pandemic. The Alameda County Eviction Moratorium ordinance allows tenants up to 12 months, starting from the date the rent was due, to repay overdue rent.
Tenants are recommended to begin paying rent May 1, 2023 to avoid eviction due to nonpayment of rent.
I could not pay my rent on May 1, 2023. What are my options?
Tenants who cannot pay rent starting on May 1, 2023 may face an eviction. The amount of rent due is monthly rent, not the rent accrued during the pandemic or period of financial hardship.
Tenants are encouraged to reach out to legal services if they receive court related eviction documents. An eviction starts with the tenant receives an official notice from the court.
There are several organizations who may be able to help you.
An unlawful detainer is a legal term for an eviction that has begun the court process. A property owner typically files an unlawful detainer with the court once the appropriate notice period has been given to the tenant. The notice period can be as short as three-days but the timeframe is at the discretion of the landlord. A notice typically looks like a “Notice to Pay Rent or Quit.” Once the unlawful detainer paperwork is delivered to the tenant, a tenant typically has five days to respond.
Because the response window is so short, tenants who receives an unlawful detainer should get connected to legal services:
The City of Fremont Keep Fremont Housed team is also hosting informational sessions where staff explain the eviction process and help tenants gain a general understanding of how to file a response to the unlawful detainer. Please call (510) 574-2028 for more details.
What is consumer debt?
Consumer debt is a financial term. In the context of the Alameda County Eviction Moratorium, consumer debt is known as the debt that a tenant accrued when they were unable to pay rent due to COVID-19 related financial distress.
A property owner cannot use consumer debt accrued from March 2020 – April 2023 as a reason to start an eviction proceeding.
Are there reasons why a tenant can get evicted?
Yes. According to the Alameda County website Alameda Renters Rights:
Once renters have lived in a unit for 12 months (or 24 months if additional renters move in), tenants can be evicted under certain circumstance including:
Failure to pay rent after April 29, 2023
Violating the terms of the lease
Creating a nuisance or waste
Subletting in violation of the lease
If a tenant has questions about whether or not the property owner is permitted to start the eviction process, reaching out to any of the following legal services agencies is recommended:
Accrued rent debt is the rent money owed to the landlord that a tenant was unable to pay during the pandemic due to COVID-19 related financial distress.
Because the eviction moratorium was in place through April 28, 2023, a landlord was prohibited from using nonpayment of rent as a reason to start an eviction proceeding. However, a tenant is still responsible for paying the landlord the rent that was accumulated during the time the tenant had COVID-19 related financial distress. This money owed is now known as consumer debt. A property owner cannot begin eviction proceedings based on consumer debt.
Tenants have 12 months starting from the date rent was due, to repay the overdue rent accrued while the tenant was unable to make rental payments (now considered consumer debt). Tenants are recommended to review the templates here to create a repayment plan that will work for them.
Property owners are permitted to use the small claims court process to try and regain the rent owed to them.
