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Evictions in Solano County
On April 28, 2020, the Solano County Board of Supervisors passed an emergency regulation that put in effect a countywide moratorium on both residential and commercial evictions for non-payment of rent. Please see the Frequently Asked Questions below for more information.
Q: The State's emergency tenant protections ended June 30, 2022. Didn't the County's protections end at the same time?
A. No, the County's protections remain effective even after the State's protections ended. The County's protections are tied to the Governor's March 4, 2020 declaration of a State of Emergency related to the COVID-19 pandemic. The County's protections will end 90 days after the State of Emergency ends which has been announced to end on February 28, 2023.
Q. What protections does the County’s moratorium on evictions provide?
A. In Solano County, a landlord may not file an Unlawful Detainer with the courts, an important step in starting the eviction process, for non-payment of rent and/or late fees that became due during the State of Emergency and for a period of 90 days after the State of Emergency ends if the tenant was unable to pay rent:
· because of a substantial reduction in household income resulting from the pandemic OR
· because of a substantial increase in expenses resulting from the pandemic
Q. Does this mean I don’t have to pay the rent or any late fees for those months?
A. The County’s protections do not relieve any residential or commercial lessee or tenant of liability for unpaid rent. You are encouraged to work with your landlord to establish a repayment plan for any rent you were unable to pay due to the pandemic.
Q. Do I have to continue living in my rental unit during this time?
A. No. You may terminate your lease, without penalty, if you have cause for termination by giving a 30-day notice. If you are in a lease, please seek legal advice.
Q. The city I live in also has emergency tenant protections. Which one do I follow?
A. If the city you live in has its own emergency tenant protections, those protections apply within its city limits. However, if the County’s provides stronger protections to tenants, then the stronger protections apply.
These FAQs are not intended to serve as legal advice and you are encouraged to seek legal assistance.
Beginning October 1, 2021, your landlord must apply for rental assistance before they can try to evict you through the courts for failing to pay your rent.
- Although your landlord may give you a notice to “pay or quit” (which is a notice from your landlord that gives you a certain amount of time to pay the outstanding rent you owe or vacate your home) at any time, they will not be able to legally evict you without first applying to the CA COVID-19 Rent Relief program.
- If you receive a notice to “pay or quit,” it is strongly recommended that you immediately get legal assistance to determine and protect your rights. If your notice to “pay or quit” includes a “Declaration of COVID-19 related financial distress”—and you have been financially impacted by the pandemic—you should sign and return the declaration to your landlord within 15 business days to bolster your protections.
It is very important that you apply for rental assistance within 15 business days of receiving a “pay or quit” notice, or within 15 business days of receiving a notice from the CA COVID-19 Rent Relief program that your landlord has started an application on your behalf.
If you believe you have been unlawfully evicted or if you need legal advice, you should consult with an attorney. If you need low- or no-cost legal help, visit www.lawhelpca.org and/or contact the following for more assistance:
Fair Housing Advocates of Northern California
Serving Marin, Solano, and Sonoma Counties
1314 Lincoln Ave. Suite A
San Rafael, CA 94901
(415) 457-5025 Toll-free (877) 285-2935
Fax (415) 457.6382
Legal Services of Northern California
1810 Capitol Street
Vallejo, CA 94590
Fax (707) 643-0144
Email: [email protected]