Landlords and SB 91: What You Need To Provide and When

Landlords were once again subject to changes in California eviction laws when SB 91 extended the existing restrictions imposed last year by AB 3088. The new law, effective as of January 29, 2021, extends tenant’s payment deadline to June 30, 2021 for tenants who have experienced a COVID-19 related financial destress and extends tenant eviction protections through July 1, 2021.

Under SB 91, landlords are required to provide a statutory notice to all residents who owe one or more rental payments from March 1, 2020 and February 1, 2021. This notice must contain specific statutory language and must be provided by or before this Friday, February 28, 2020. Additionally, the notice must be provided in the event that the tenant is unable to make rental payments which come due before June 30, 2021. Landlords who want to preserve their ability to serve specific notices, including a 15-day notice and demands for payment of rent, must provide the SB 91 notice by this Friday to all tenants who have not paid one or more rental payments during the covered period. Failure to appropriately provide the statutory notice may result in an inability to evict tenants or recover rent payments.

Landlords who still have not provided the notice to tenants should consult their legal counsel or utilize the California Apartment Association’s standard SB 91 form which was gracious provided by the association for free use to the public. Should you have any questions about the content notice, service of the notice, or related questions relating to a particular tenancy, please consult with your legal counsel immediately.