You can evict a tenant for nonpayment of rent, whether they’re willing and able to pay what you’re owed or not. Tenant advocates complain this makes rental assistance programs less effective because there’s no point in coming up with back rent if it won’t be accepted. But landlords need the cash flow. They don’t want to be paid rent only when a tenant’s on the verge of eviction.
What Would the Bill Do?
The pending bill requires a judge to dismiss a nonpayment eviction if, at some point before tenants are removed from the unit, they:
- Can pay the accrued rent to that date
- Provide proof they’re approved for rental assistance in that amount
Bill advocates want to extend the eviction timeline. A recent law lengthens the time tenants have to respond after their landlord sues them for nonpayment of rent. Advocates argue that if a landlord can have weeks or months to catch up on utility or mortgage bills, tenants should be afforded more time, too.
Tenant Savior or Rental Housing Killer? Maybe Both
During the COVID-19 pandemic, rent nonpayment evictions dropped because the state banned them for those with pandemic-related financial challenges. The number of evictions spiked in many areas since those protections ceased.
- The City of Los Angeles’ city comptroller states that from February 2023 to mid-November 2024, 94% of the 166,463 eviction notices filed with the city court system were for nonpayment of rent
- For 2023, more than 85% of eviction cases in San Mateo County were based on rent delinquency
Tenant advocacy groups are lobbying the California legislature to pass this proposal, which is the law in 21 other states, according to Cal Matters. The landlord group California Apartment Association (CAA) opposes SB436, claiming it’s unnecessary because a tenant’s financial troubles can delay an eviction. The CAA labels this proposal as a top-five “rental housing killer” bill in the legislature.
What Problem Should the Legislature Prevent?
State tenants have three business days to respond to an initial notice to pay rent or face eviction. After that, the eviction process can continue whether the tenant offers to pay their bill or not. That’s a very short time to get housing assistance to pay back rent. A tenant can go to court for a temporary stay to have more time to find new housing, but that’s not always granted.
You may work with a tenant who’s seeking financial help. In exchange, you may want the tenant to commit to a payment plan or pledge to make timely payments in the future. You may also refuse payment if you’ve decided to evict. This may be a less-than-ideal tenant, and you hope for a better tenant or already have one lined up.
Both sides want to prevent evils. Tenant advocates point to those unexpectedly in financial trouble who come up with the needed money but are rejected anyway. Property owners must incentivize timely rent payment, or there’s no point when the debt must be paid. Tenants could delay payment from one costly eviction process to the next if this proposal’s adopted.
We’re Here to Help
If you have questions about the eviction process and how to make it go as smoothly as possible, call the AWB Law PC team at (949) 244-4207 or complete our online contact form today. We can discuss your situation, how California laws may apply, and how we can help.
