The City of Santa Monica recently extended its emergency eviction moratorium through June 30. The moratorium protects tenants experiencing financial hardship due to the COVID-19 pandemic from eviction. The entire moratorium order can be read at the Santa Monica city website. 

Here are key points to know if you rent or lease a property in Santa Monica.

What is the COVID-19 Eviction Moratorium?

Santa Monica’s emergency eviction moratorium protects tenants who are unable to pay rent due to a COVID-19-related hardship. Landlords are prohibited from initiating any eviction actions against affected tenants for twelve months after the end of the moratorium. With proper notice and documentation, tenants may defer rent payments up to twelve months after the moratorium period ends without risking eviction, late fees, interest on past due rent, or other penalties.

The eviction moratorium also protects rental properties from being removed from the market. Ellis Act removals are suspended to prevent housing displacement during the pandemic.

Does that mean I can withhold rent during the pandemic?

Rent can be deferred if the tenant is unable to pay due to the COVID-19 impact. However, to be protected from eviction under the moratorium, the tenant must provide the landlord with timely notice and supporting documentation. The eviction moratorium does not protect tenants who were already subject to eviction for unpaid rent before the COVID-19 outbreak; though, any court hearing to force an eviction may be delayed during the pandemic in the interest of protecting public health and safety.

Who qualifies for relief?

Both residential and commercial tenants are protected under Santa Monica’s emergency eviction moratorium. To qualify for relief, the tenant must be unable to pay rent and must have documentation to support a loss in income or increase in expenses directly related to the COVID-19 pandemic.

While multinational business entities, publicly traded companies, and businesses that employ more than five hundred workers are not protected under the city’s eviction moratorium, a subset of commercial tenants called “non-retail commercial tenants” are protected. Read more about who qualifies for relief under the eviction moratorium here.

How do I seek relief?

Santa Monica residents who are unable to pay rent due to COVID-19 and its impact must provide written notice and supporting documentation to their landlord as soon as possible, but no later than thirty days after rent is due. E-mail or text is sufficient for providing written notice. In addition to providing notice of the tenant’s inability to pay, supporting documentation including a letter from the tenant’s employer, paycheck stubs from before and after the COVID-19 outbreak, bank statements, or other proof of the tenant’s hardship must be provided to the landlord.

What if my landlord continues to seek rent?

There is a Tenant Harassment Ordinance in place to protect tenants from harassment. Any landlord who does not cooperate with the moratorium and proceeds to seek rent from a tenant who has provided the proper moratorium notice, make eviction attempts, or exhibit other harassment could be fined up to $15,000. Tenants may rely on the eviction moratorium as a defense in any unlawful action brought against them by the landlord.

COVID-19 Update: The City of Santa Monica has imposed increased penalties for tenant harassment in response to the Coronavirus. Read more about it HERE.