The State of California has essentially set an eviction moratorium by preventing state courts from issuing a summons on any unlawful detainer complaints; however, the details of eviction moratoriums have been largely left up to local jurisdictions. As a result, there is some variance in the guidelines from market-to-market. We took a look at California’s three largest metros to see how they differ.

First up, San Francisco: The Northern California market has limited commercial evictions to small and medium businesses, defined as having less than $25 million in revenue in the 2019 tax year. “Any notice of default that San Francisco landlords serve on tenants must provide at least a one-month opportunity to cure,” Jamie Altman Buggy, an attorney at Crosbie Gliner Schiffman Southard & Swanson, tells GlobeSt.com. “During that initial cure period, tenants must either pay the rent or provide documentation showing that tenant is unable to pay rent due to a COVID-19 related financial impact, like a substantial decrease in business income.”

Once the landlord has received documentation of a related financial impact, the tenant and landlord are required to develop a payment plan for the deferred rent. “If they cannot agree to a payment plan, then the tenant may continue to extend the cure period for successive month-long period by providing additional documentation at the end of each month of their continuing inability to pay due to COVID-19 related financial impacts,” adds Buggy. “Tenants can keep obtaining monthly extensions of the cure period for up to a total of six months from the date rent was originally due, during which time landlords cannot evict for non-payment of rent.” After six months of non-payment, landlords can proceed with an eviction.

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Kelsi Maree Borland

Kelsi Maree Borland is a freelance journalist and magazine writer based in Los Angeles, California. For more than 5 years, she has extensively reported on the commercial real estate industry, covering major deals across all commercial asset classes, investment strategy and capital markets trends, market commentary, economic trends and new technologies disrupting and revolutionizing the industry. Her work appears daily on GlobeSt.com and regularly in Real Estate Forum Magazine. As a magazine writer, she covers lifestyle and travel trends. Her work has appeared in Angeleno, Los Angeles Magazine, Travel and Leisure and more.

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