The State of California legislature has enacted, and the Governor has signed, Assembly Bill No. 832, which took effect on June 28, 2021, that provides state-wide eviction and foreclosure protections for many residential tenants and property owners suffering from economic hardship due to COVID-19. The eviction protections now extend through September 30, 2021. State law has replaced local legislation, including the County’s ordinance, in providing protections for residential tenants facing evictions. More information about how residential tenants can receive the protections of the state law can be found here: https://housing.ca.gov/tenant/protection_guidelines.html.
Low-income Santa Clara County residents who have been financially impacted by the COVID-19 pandemic can receive help paying rent here: https://osh.sccgov.org/need-assistance/rental-assistance.
For small business tenants who qualify for protection under the County’s ordinance, the County's eviction moratorium expired on August 19, 2021. Small business tenants have up to 6 months after the moratorium expires or terminates to repay at least 50% of the past-due rent, and up to 12 months after the moratorium expires or terminates to repay in full the past-due rent. Civil fines and penalties, monetary damages and injunctive relief may be imposed on landlords who seek to retaliate or deny small business tenants of their rights and protections under the ordinance.
This page is being updated regularly. Please check back often for the latest information.
Guidelines for the Commercial Eviction Moratorium
Information for Landlords of Small Business Tenants
If you are a landlord of a small business tenant that qualifies under the County’s eviction moratorium ordinance and you initiate an eviction for non-payment of rent during the moratorium, you must:
- Provide small business tenants with this written notice of the reason for the eviction and notice of the tenants’ rights when serving the notice of termination; and
- Provide resources for rental assistance programs.
You still have a right to collect rent if the small business tenant qualifies for protection under the moratorium. However, the protected small business tenant has 6 months after the moratorium ends to repay at least 50% of the past-due rent and 12 months after the moratorium ends to repay in full the past-due rent. You cannot charge a late fee. Before initiating any repayment plan with a small business tenant protected under this moratorium, you must first inform the small business tenant of these repayment protections. The ordinance prohibits negotiations between a landlord and small business tenant that result in the tenant’s waiver of its rights under the ordinance. You may risk being subject to civil fines and penalties, monetary damages and injunctive relief if you do not comply with the moratorium.
This moratorium does not apply to otherwise lawful or at-fault evictions for reasons other than nonpayment of rent due to a substantial loss and/or out-of-pocket medical expense as a result of COVID-19.
Information for Small Business Tenants
If you are a small business tenant, you can use this form to provide your landlord with documentation of substantial income loss and/or substantial out-of-pocket medical expenses that is directly related to your failure to pay rent as a result of the COVID-19 pandemic as soon as possible.
Examples of substantial loss of income due to COVID-19 include:
- Temporary closure of or reduction in operating hours of a place of business or substantial decrease in business income
Examples of documentation you can provide include:
- Bank statements or financial documents showing your business’ financial situation before and during the COVID-19 pandemic
Your landlord must provide you this document telling you why you are being evicted, and what your rights are, as well as assistance programs if they try to evict you.
You may be able to take your landlord to court if they do not comply with the moratorium or use their non-compliance in any eviction proceeding.
For more information about the eviction moratorium, please see our list of frequently asked questions.