Actions To Recover Covid-19 Rental Debt - Actions In Particular Cases - Civil Procedure - CA

Section § 871.10

If a landlord wants to sue a tenant for COVID-19 rental debt, they must first try to get rental assistance for the tenant. If the landlord didn't try to get rental help, the court might lower the amount the tenant has to pay. Landlords can't start these lawsuits until November 1, 2021. If there was already a pending lawsuit as of January 29, 2021, it will be on hold until November 1, 2021. This rule doesn't apply to cases about evicting tenants. Lawsuits that started before October 1, 2020, can continue unless the tenant is eligible for specific federal rental help based on their income.

(a) In any action seeking recovery of COVID-19 rental debt, as defined in Section 1179.02, the plaintiff shall, in addition to any other requirements provided by law, attach to the complaint documentation showing that the plaintiff has made a good faith effort to investigate whether governmental rental assistance is available to the tenant, seek governmental rental assistance for the tenant, or cooperate with the tenant’s efforts to obtain rental assistance from any governmental entity, or other third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code.

(b) In an action subject to subdivision (a), the court may reduce the damages awarded for any amount of COVID-19 rental debt, as defined in Section 1179.02, sought if the court determines that the landlord refused to obtain rental assistance from the state rental assistance program created pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code, if the tenant met the eligibility requirements and funding was available.

(c) An action to recover COVID-19 rental debt, as defined in Section 1179.02, that is subject to this section shall not be commenced before November 1, 2021.

(d) Subdivisions (a) through (c), inclusive, shall not apply to an action to recover COVID-19 rental debt, as defined in Section 1179.02, that was pending before the court as of January 29, 2021.

(e) Except as provided in subdivision (g), any action to recover COVID-19 rental debt, as defined in Section 1179.02, that is subject to this section and is pending before the court as of January 29, 2021, shall be stayed until November 1, 2021.

(f) This section shall not apply to any unlawful detainer action to recover possession pursuant to Section 1161.

(g)

(1) Actions for breach of contract to recover rental debt that were filed before October 1, 2020, shall not be stayed and may proceed.

(2) This subdivision does not apply to actions filed against any person who would have qualified under the rental assistance funding provided through the Secretary of the Treasury pursuant to Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) if the person’s household income is at or below 80 percent of the area median income for the 2020 or 2021 calendar year.

COVID-19 rental debt rental assistance good faith effort ...

Section § 871.11

This law limits the amount of attorney fees that can be awarded in cases to recover unpaid rent due to COVID-19. If the case is uncontested, fees can't exceed $500, and if contested, fees can't exceed $1,000. The court will look at factors like the complexity of motions, discovery efforts, whether there was a trial by jury, trial length, and other relevant factors when deciding if the case was under 'ordinary circumstances.' This doesn't guarantee that any fees will be awarded; it only sets a cap if fees are due. This law expires on October 1, 2025.

(a) Notwithstanding any other law, in any action to recover COVID-19 rental debt, as defined in Section 1179.02, brought as a limited or unlimited civil case, the court shall not, under ordinary circumstances, award reasonable attorneys’ fees to a prevailing party that exceed the following amounts:

(1) If the matter is uncontested, five hundred dollars ($500).

(2) If the matter is contested, one thousand dollars ($1,000).

(b) In determining whether a case was litigated under ordinary circumstances, the court may consider the following:

(1) The number and complexity of pretrial and posttrial motions.

(2) The nature and extent of any discovery performed.

(3) Whether the case was tried by jury or by the court.

(4) The length of the trial.

(5) Any other factor the court, in its discretion, finds relevant, including whether the tenant or the landlord, or both the tenant and the landlord, would have been eligible to receive a rental assistance payment from the governmental entity, or other third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code.

(c) Nothing in this section shall be interpreted to entitle the prevailing party to an award of reasonable attorneys’ fees if that award is not otherwise provided for by law or agreement.

(d) This section shall remain in effect until October 1, 2025, and as of that date is repealed.

COVID-19 rental debt attorneys’ fees cap uncontested cases ...