The County's eviction moratorium has been extended through
July 28, 2020. Tenants now 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.
On March 24, 2020, the County Board of Supervisors enacted a moratorium
on “no-fault” evictions and evictions for non-payment of rent for tenants who have incurred substantial income loss
and/or substantial out-of-pocket medical expenses
as a result of the COVID-19 pandemic. This moratorium applies throughout Santa Clara County, including Cities, and protects both residential as well as small business tenants.
This page is being updated regularly. Please check back often for the latest information.
Guidelines for the Eviction Moratorium
Information for Landlords
If you are a landlord and you initiate an eviction for non-payment of rent or a no-fault cause during the moratorium, you must:
You still have a right to collect rent if the tenant
qualifies for protection under the moratorium. However, the 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 tenant protected
under this moratorium, you must first inform the tenant of these repayment protections.
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 Tenants
If you are a tenant, you can use this form to provide your landlord with documentation of substantial income loss and/or substantial out-of-pocket medical expenses as a result of the COVID-19 pandemic as soon as possible.
Examples of substantial loss of income due to COVID-19 include:
- Job loss or reduced work hours
- Missed work to care for a family member infected with COVID-19 or a child due to school closure
- If the business qualifies as a small business, closure of a place of business or substantial decrease in business income
Examples of documentation you can provide include:
- Letters from your employer, a doctor, or a child’s school citing COVID-19 as the reason for reduced work, missing work, or school closure
- Paystubs from before and during the COVID-19 pandemic
- Bank statements showing your 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.