Legal FAQs for Renters in Sonoma County, CA

Yes, the Sonoma County Board of Supervisors passed the COVID-19 Eviction Defense Ordinance. It went into effect on March 2020. It lasts until 60 days after the end of the locally-declared emergency.

This local Sonoma County ordinance protects local renters from eviction if they can prove that their nonpayment of rent is based on COVID-related loss of income or medical expenses.

There is also 'Just Cause' protections during the emergency in Sonoma County. Since February 2021, landlords cannot evict a tenant without 'just cause'. This means that landlord must show that the tenant has been violent, threatened violence or safety violations, or the landlord must show that they intend to withdraw the unit from the rental market immediately. Otherwise, they cannot evict a tenant in Sonoma County.

This just cause protection will last until 60 days after the locally-declared Covid emergency ends.

The protections means that through 60 days after the emergency in Sonoma County is over:

1. Your landlord can still give you a notice to quit.
2. Your landlord can still file an eviction claim in court against you.
3. Hearings on eviction are still happening, and the court may still hear an eviction case against you. Renters can use the local protections to try to stop the eviction.
4. The court may issue a new order, judgment, or writ of eviction against you.
5. An existing eviction order may be enforced against you. But you can try to use the local protections to stop it.

If you are a renter in Sonoma County, California, then you have a set time period to pay back your rent that was due during the COVID-19 emergency.

For rent that became due between March 1, 2020 and September 30, 2021, the repayment period starts August 1, 2022 and must end by August 1, 2023. This is under California law AB2179.

For rent due after September 1, 2021, tenants have up to two months after state of emergency ends.

Yes, Sonoma County renters still need to pay rent during the emergency.

Also check with your local city or county government to see if they give renters any additional protections if they are struggling to pay rent during the emergency.

If you cannot pay rent, take steps to protect yourself:

• Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. Explain why you cannot pay the rent because of COVID-19 impact. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction. Get help here for drafting and mailing a letter to your landlord.
• Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make. If you make a payment plan or rent agreement, make sure to get in writing.
• Keep proof of COVID-19's impact on you: Collect documents about your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc.
• Check for help: If you need financial assistance for housing costs, you may be able to get help. Check here for housing financial assistance in California.

During the local emergency period in Sonoma County, renters have some protections against eviction.

For protections against eviction for non-payment, the renter must be able to prove that the nonpayment was related to COVID-related financial hardships.

The renter must share documentation with their landlord about COVID-related:

• substantial loss of income,
• job loss,
• reduction in work hours,
• closure of business,
• decrease in business income,
• care for school-age children or family members because of COVID, or
• substantial out-of-pocket medical expenses.

Once the emergency period ends, landlords can begin to enforce evictions against renters once again.

If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.

Renters must still pay their utility bills. If you need financial assistance for utility costs, you may be able to get help. Find California financial assistance for housing here.

Landlords are never allowed to shut off a renter's utilities in an attempt to force the renter out. This is illegal. Reach out to a lawyer for help if this happens to you.

Tell your landlord about any repairs needed, particularly if they affect your health and safety.

The emergency may delay your landlord's ability to make repairs, but if they are urgent you should call your landlord to make the repairs as soon as possible.

Emergency repairs could be for problems with:

• Running water or hot water
• Heat or air-conditioning
• Stove or oven
• Electricity
• Bathroom use
• Missing doors, locks, or windows

If your landlord doesn't make the repairs promptly, send them a written letter or email about the need for emergency repairs (and keep a copy of this communication).

Reach out for legal help for additional guidance.

You may be able to break your lease if you can come to an agreement with your landlord.

Your lease is still valid despite the emergency period.

However, you can talk to your landlord to see if they will agree to let you leave early. If they agree, be sure to get the agreement in writing.

Also, you can review your lease. It may have a clause that lets you end the lease early in times of financial difficulty. If your lease has this kind of clause, you might be able to break the lease (in some cases penalty-free).

Find legal help to get advice for your situation.

Contact a legal help organization to help defend yourself.

It is illegal for your landlord to evict you without first going to court and getting an eviction order. To remove you from your home, a landlord must take you to court by filing an eviction lawsuit, win the case, and getting an eviction order from the court.

Legal aid groups might be able to provide you with full representation, or other legal organizations can give you information or brief advice.

Find legal help to protect your rights.

Yes, the cases are proceeding. As of May 2022, eviction cases are being heard in Sonoma County, California courts.

Yes, they are enforcing orders. As of May 2022, Sonoma County sheriffs are enforcing eviction orders.

The CDC Eviction Moratorium orders that renters should be protected from eviction if they are unable to pay their rent due to hardships like job loss, income loss, or medical expenses. This protection lasts from September 4, 2020 through December 31, 2020.

The CDC Eviction Moratorium is not automatic protection against eviction. Renters need to fill in a Declaration document and give it to their landlord to get the protection.

Landlords may still try to file an eviction lawsuit against renters, but renters can use the moratorium to defend themselves in court.

The CDC Eviction Moratorium applies to people who:

• Rent a home in the United States; AND
• Make less than $99,000 (or $198,000 if you file a joint tax return); AND
• Are facing eviction based on nonpayment of rent (not for other problems, like lease violations or criminal activity); AND
• Can show they’re unable to pay rent because they’ve had a financial hardship, like losing a job, decrease in income, or medical bills; AND
• Can show that they’ve been trying their hardest to pay their rent and find any rental assistance; AND
• Can show that they’re at risk of homelessness if they were to be evicted.

If you live in a state, county, or city that has an eviction moratorium, the CDC Eviction Moratorium doesn’t replace this local one. It adds on top of your local protections.

The CDC Eviction moratorium can stop an eviction proceeding against you. It could stop your landlord from removing you from your home, or from a court giving your landlord an eviction order through Dec. 31, 2020.

This means:

• If your landlord has already started an eviction lawsuit against you, you can use the CDC Eviction Moratorium as a defense in court.
• You can use the Declaration form to tell your landlord that you are protected from eviction, and to ask the court to stop the eviction.
• You must follow the process below to be protected by the CDC Eviction Moratorium.

The CDC Eviction Moratorium does NOT get you rent relief:

• Even if you fill in the Declaration, this does not cancel rent that you owe, or stop rent or late fees from building up.
• After the CDC Moratorium expires on Dec. 31, 2020, you may be evicted for the rent that you owe.

The CDC Eviction Moratorium may NOT stop a landlord from suing you:

• Even after you fill in the Declaration and send it to your landlord, they might still file an eviction lawsuit against you.
• You can bring the Declaration to the court eviction hearing, to ask the court to stop the eviction.
• Call a local lawyer for help if your landlord sues you for eviction.

To secure CDC Eviction Moratorium protection, follow these steps:

1. Apply for rental assistance. Look for any rental and utility assistance in your area, and submit applications to these programs. Find local assistance programs here.
2. Fill out Declarations. You and every adult in the household need to fill out a Declaration about your financial hardships and your attempts to get assistance. In the Declaration, you must say that you are telling the truth and that you may face legal consequences if you are lying. You can use this guide for help with the Declaration.
3. Send the Declarations to your landlord, and also tell the landlord that you will do your best to pay when you can. Keep a copy of the Declarations, as well as any receipt or documentation that you have sent it to your landlord (like email receipt or screenshots of the message). These can be useful evidence that you followed the process correctly.
4. Protections through Dec. 31st. After you send this, your landlord cannot remove you from your home for nonpayment of rent through December 31, 2020. They are also never allowed to harass or intimidate you, or force you to leave the home without a court order.
5. If your landlord has filed an eviction lawsuit against you, you can bring your Declarations to the court to ask them to stop the lawsuit. Contact a legal aid lawyer to help you with the lawsuit. Please note: Your landlord can still evict you for reasons other than nonpayment of rent, like for engaging in criminal activity in the home, violating building codes or health ordinances, or threatening the health and safety of other residents.
6. You will continue to owe your rent. Try to make a plan about how you will take care of all the rent you owe. At the end of the Eviction Moratorium protections on Dec. 31, 2020, you will no longer be protected from being evicted.
7. Make sure you know your lease and its terms. Some landlords may try to evict you based on violations of the terms in your lease. If you know your lease, you can protect yourself by making sure you do not break any of its terms.

If your landlord is trying to evict you, you should contact a legal aid attorney who helps with evictions. The CDC Eviction Moratorium might give you protections that lawyers can help you with.

If you are behind on rent, you can get help from your local Rental Assistance program. This is a government service to help people who owe rent or utility bills.

Especially if you are behind on rent because of COVID-19 hardships, your local Rental Assistance (or Rent Relief) program can help you.

Find your local Rental Assistance program at your Get Help page here.

Local governments set the rules about who is eligible for rent relief. Most programs focus on people who have suffered COVID-19 hardships.

You can talk to your local Rental Assistance program to learn their eligibility rules.

You may have to show your household income, or if you are on other benefits programs like SNAP.

You may also have to show that you are at risk of homelessness or eviction if you don't get rental assistance.

Check with your local Rental Assistance program to see if you are eligible.

Many local Rental Assistance programs are open to everyone, regardless of immigration status. Many programs do not even ask about immigration status.

Check with your local Rental Assistance program to make sure about eligibility rules and immigration.

Most Rental Assistance programs let landlords apply.

Either a renter or a landlord can start the application.

The landlord will have to fill in as much information they have about the amount of money needed, and the eligibility for the program. The tenant may have to fill in the rest of the information.

Check with your local Rental Assistance program about the steps to follow to apply for rent relief.

California has some protections for tenants who were unable to pay their rent between March 1, 2020 and March 31, 2022, because of COVID-related financial distress.

Tenants may be protected from eviction if they have applied for California government rental assistance and they are waiting for a decision. If a landlord does try to sue the tenant while they are waiting for the decision, the tenant can tell the court about their application. This is a valid defense to the eviciton lawsuit.

In addition, tenants who couldn't pay rent due to COVID-19 hardships through September 30, 2021 may also be protected from eviction. The missed rent must have occurred between March 1, 2020 and September 30, 2021. The renters must have paid at least 25% of their rent to avoid eviction. They also should have filled in this Declaration form to explain their financial distress and given it to their landlord. Read more about California's protections here.

Many local California cities and counties have implemented such eviction freezes and additional protections for renters. Check here to see if any apply to you.

The protections mean that as of April 2022:

1. Your landlord can still give you a notice to quit. You still cannot be made to leave without going through the court process. The notice is a warning that your landlord will begin that process as soon as they are legally able to do so.
2. Your landlord can still file an eviction claim in court against you. If the filing was made after March 27, 2020, you may have a longer period to respond (rather than the usual 5 day deadline).
3. Hearings on eviction may go forward. If you have applied for rent relief and are waiting to hear back, you can defend yourself in court by showing your application.
4. You may be removed from your home with an eviction order. Check with a lawyer to see if you have any protections from earlier laws.

Please check if your local California city or county gives you additional protections from eviction. Over 150 local California governments have issued eviction freezes or other protections.

Yes, California renters still need to pay rent during the emergency. You may have had protections against eviction for rent owed through September 30, 2021.

Many local California cities and counties give additional protections about how long a renter will have to pay back the rent owed, but not all do. Check here to see if your local government has set a special timeline for paying back rent, or if they have rules to protect you from late fees.

If you cannot pay rent, take steps to protect yourself:

1. Apply for rent help: If you need financial assistance for housing costs like rent or utility bills, you may be able to get help.
2. Communicate with your landlord: Send a written letter or email to your landlord within 7 days of the rent's due date. (You must do this for each missed rent payment). Explain why you cannot pay the rent because of COVID-19 impact. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction. Get help here with drafting and mailing a letter to your landlord. You can also use this letter-writing tool here.
3. Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make. If you make a payment plan or rent agreement, make sure to get it in writing.
4. Keep proof of COVID-19 impact on you: Keep any proof of your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. You may need to use these as evidence to protect yourself against eviction.

Some California renters still have protections from eviction.

If you have applied for government rental assistance and are waiting for a decision, then your landlord should not bring an eviction lawsuit against you. If they do sue for eviction, you can tell the court that you are waiting on a rental assistance decision.

You may also be protected from eviction for rent or other housing costs that were owed between March 1, 2020 and September 30, 2021. You may be able to defend yourself against an eviction for rent owed from that period.

Some local city or county California governments may give you additional protections.

If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.

California renters' utilities may be shut off due to a lack of payment since the emergency period expired.

If you need financial assistance for utility costs, you may be able to get help.

Landlords are never allowed to shut off a renter's utilities in an attempt to force the renter out. This is illegal. Reach out to a lawyer for help if this happens to you.

Tell your landlord about any repairs needed, particularly if they affect your health and safety.

The emergency may delay your landlord's ability to make repairs, but if they are urgent you should call your landlord to make the repairs as soon as possible.

Emergency repairs could be for problems with:

• Running water or hot water
• Heat or air conditioning
• Stove, refrigerator, or oven
• Electricity
• Bathroom use
• Missing doors, locks, or windows
• Pests

If your landlord doesn't make the repairs promptly, send them a written letter or email about the need for emergency repairs (and keep a copy of this communication). If you request repairs, you must be willing to have the landlord make them.

Reach out for legal help for additional guidance.

You may be able to break your lease if you can come to an agreement with your landlord.

Your lease is still valid despite the emergency period.

However, you can talk to your landlord to see if they will agree to let you leave early. If they agree, be sure to get the agreement in writing.

Also, you can review your lease. It may have a part that lets you end the lease early in times of financial difficulty. If your lease includes this, you might be able to break the lease (in some cases penalty-free).

Find legal help to get advice for your situation.

Contact a legal help organization to help defend yourself.

It is illegal for your landlord to evict you without first going to court and getting an eviction order. To remove you from your home, a landlord must take you to court by filing an eviction lawsuit, win the case, and getting an eviction order from the court.

Legal aid groups might be able to provide you with full representation, or other legal organizations can give you information or brief advice.

You may be able to defend yourself using California's eviction protections.

Find legal help to protect your rights.

Eviction cases are being heard in California courts as of Autumn 2021.

Check with the California courts for more updates.

Renters in 3 categories have special national protections against being evicted during the Emergency Period of March 27, 2020 to July 24 or 25, 2020. These national protections add onto any state and local protections you have.

Do you fit in any of these 3 categories?

Your home’s owner has a federally backed mortgage loan or other guarantee (like through Freddie Mac or Fannie Mae). Search if your home is covered.

You pay rent through a federal assistance program like the Section 8 Housing Choice Voucher, Rural Development Voucher, or other 'covered housing' program.

You live in Public Housing, where the government is your landlord.

If you are a renter in one of these 3 categories, the federal CARES Act section 4024 gives you these protections. (Remember, these protections add onto any state and local protections you have)

• Your landlord cannot file a new eviction lawsuit against you for not paying your rent during the Emergency Period. They can still evict you for other behavior, like drug abuse, other criminal activities, or other lease violations.
• Your landlord cannot charge you new fees or penalties for not paying your rent during the Emergency Period.
• After the Emergency Period ends, your landlord may not be able to evict you immediately.(Different states interpret the protections ending on July 24 or 25. Check with local lawyers to see about your state). If you have not paid your rent in full during the Emergency Period, your landlord must wait until the period ends before giving you a notice to vacate. For example, they may give you a notice on July 26, and you must be allowed until at least August 25 to leave the property.

For more help on these national protections, reach out for legal and financial help here. Also, use this tool to write a letter to your landlord if you are having issues with rent or eviction.

You do not have to leave your home yet. Landlords can not legally physically remove you, touch your personal property, change the locks, or cut off your utilities.

In California, your landlord must give you an official notice that they may bring you to court to evict you for not paying your rent (or other reasons). The notice should give you time to either pay your rent or prepare defenses against eviction.

This official notice must follow some rules to be valid. If it doesn't follow these rules, then you can challenge it and stop an eviction.

These are the California requirements for an eviction notice:

1. The notice must be written down.
2. It has to have your full name and address.
3. It must explain why you may be evicted -- whether it is for non-payment of rent, a lease violation, or other reason.
4. It has to say exactly how much rent you owe and the dates it was due. Multiple months must be listed separately. (it can only include 1 year of back rent, so even if you owe money for a longer time, the landlord can only request up to 1 year of payment).
5. It has to say that this rent must be fully paid within 3 days of receiving this notice or you must move out (the 3 days do not include weekends or federal holidays).
6. It must say the dates and times you can pay the rent you owe, as well as the address you can pay it at or mail it to.
7. If the notice is based on a violation of the lease, it must explain how you can correct the problem, and when you need to do so.

Reach out for legal help if you think the notice isn't correct, or if you need assistance in defending yourself against the eviction.

Find local legal help in California here.

A verbal conversation doesn't count as an "eviction notice". To be legal, the notice must be written down and given to you in the correct way.

Reach out for legal help if your landlord is trying to make you leave without going through the court process. This is illegal and a lawyer may be able to help you protect yourself.

Find local legal help in California here.

No, you do not have to leave (or 'quit') your home by the date listed on the eviction notice.

You do not have to leave your home until you have been brought to court, and a judge has ordered that your landlord can make you leave.

After the date on the eviction notice passes, then your landlord may file an eviction lawsuit in court against you. You will be able to go to court and present defenses to protect yourself.

Find local legal help in California here.

You still have time to reach out for rental assistance, and stop the eviction from moving forward.

Be sure to let the local financial help group know that you have received an eviction notice and what its deadline is. They may be able to help you pay the rent you owe, or work with your landlord to reduce the amount or put you on a payment plan.

Find local financial help in California here.

In California, you have a minimum of 3 days between your landlord giving you a notice and them filing a lawsuit against you in court to evict you.

The notice should tell you how many days the landlord is giving you. If they are giving you less than 3 days, then you may be able to challenge it as illegal.

Reach out for legal help if you think the notice isn't giving you the required time to make your payment.

Find local legal help in California here.

You should make sure that the landlord properly 'served' you with the lawsuit. If they didn't give it to you in the correct way, you can challenge the eviction lawsuit. In California, a landlord must follow certain rules to let you know about the lawsuit:

1. Only certain people can give you the lawsuit's Summons and Complaint. The landlord can not give you these papers - it has to be a person not involved in the case.
2. The server must let you know you are being served and must give you the papers in person.
3. If the server can not reach you, they have to try again for least 2-3 times, on different days and different times. Only then can the server hand the court papers to a member of your household or to someone in charge where you work. They also have to mail a copy of the papers to your home.
4. If both of these methods don’t work, the landlord has to get permission from the court to post and mail the papers to you. The serve must post the papers on the property where you can see it and mail a copy to your last known address.

You should also reach out to local lawyers who can help you prepare for your court hearing so you can protect yourself against the eviction.

Find local legal help in California here.

In California, you are required to respond to the eviction lawsuit, if you want to avoid the eviction. You will need to submit a proper legal response, not just call the courts or send them a letter. There is a form response available.

If you were served in person, you will have 5 days (not including weekends or holidays) after you receive the Summons and Complaint to get a written response back to the court. If the Summons and Complaint was handed to a member in your household and/or you received in the mail, you have 15 days, starting from the postmark date on the envelope (the first 10 days include weekends and holidays, and the last 5 days do not) to submit your written response. If you do not submit this response by this time frame, you may lose your case and the judge may give the landlord permission to remove you from your home.

Reach out to legal help to learn what your rights and defenses are in your eviction case. These organizations can help you deal with this lawsuit.

Find local legal help in California here.

You can come to an agreement, but you should still go to court to make sure your case is closed.

You can work with your landlord to work out an agreement before the date of the court hearing. This might be a payment plan or other agreement on what needs to happen for you to stay in your home.

Be sure to get this agreement in writing, so that you can prove it exists and that your landlord follows through on it.

Also, you should still go to court for your hearing date, to make sure the court knows about the agreement and closes the lawsuit. If you do not go to court, the lawsuit might still continue and the judge might rule that the landlord can remove you. Go to court yourself to make sure this doesn't happen.

You can reach out for legal help to get assistance in negotiating an agreement with your landlord, and making sure this agreement is being followed.

Find local legal help in California here.

If you are behind on rent, you can get help from your local Rental Assistance program. This is a government service to help people who owe rent or utility bills.

Especially if you are behind on rent because of COVID-19 hardships, your local Rental Assistance (or Rent Relief) program can help you.

Find your local Rental Assistance program at your Get Help page here.

Local governments set the rules about who is eligible for rent relief. Most programs focus on people who have suffered COVID-19 hardships.

You can talk to your local Rental Assistance program to learn their eligibility rules.

You may have to show your household income, or if you are on other benefits programs like SNAP.

You may also have to show that you are at risk of homelessness or eviction if you don't get rental assistance.

Check with your local Rental Assistance program to see if you are eligible.

Many local Rental Assistance programs are open to everyone, regardless of immigration status. Many programs do not even ask about immigration status.

Check with your local Rental Assistance program to make sure about eligibility rules and immigration.

Most Rental Assistance programs let landlords apply.

Either a renter or a landlord can start the application.

The landlord will have to fill in as much information they have about the amount of money needed, and the eligibility for the program. The tenant may have to fill in the rest of the information.

Check with your local Rental Assistance program about the steps to follow to apply for rent relief.