Frank advice, timely updates and a soothing voice in a very uncertain time.
Bornstein Law is hard-pressed to report good news to rental housing providers and the real estate community, except to say that we are all resilient and shall overcome these challenges as an industry, as a community, as Californians, and as a nation.

Our core competency is managing relationships, and this becomes all the more important in a time of adversity. When a forthright conversation must be broached with tenants, we are able to facilitate in the dialogue and be a conduit to communicate necessary information to other stakeholders like lenders and public health officials.

There are many variables in this novel virus, but let's focus on some pressing items that we do know.

Court operations have been adjusted or suspended.

San Francisco

Unlawful detainer actions cannot be initiated except for the rarest and most egregious of circumstances.

All actions of unlawful detainer cases, including trials, motions, discovery, and ex parte applications, with the exception of unlawful detainer cases resulting from violence, threats of violence, or health and safety issues, will be stayed for 90 days.

Bornstein Law urges caution when arguing the eviction action should be expedited because of health and safety concerns. We have said time and time again, tenants' attorneys are smart. They will argue you are creating a false pretext to prioritize the matter, and at any rate, it is unclear if the court's limited resources can accommodate requests to accelerate the removal of a tenant.

The only evictions should be clear cut cases of serious nuisances, illegal acts, and other activities that endanger neighboring residents or the public at large. If you suspect a particularly shocking case that may fall within an exception to the moratorium, please consult Bornstein Law to assist in evaluating if the facts of your case warrant escalation despite the 90-day stay on perfunctory displacements. 

Alameda County

In Alameda County, most court operations have been suspended. March 17, 2020, through April 3, 2020, will be considered court holidays.

Documents will not be received for filing during this time period, with the exception of Temporary Restraining Orders and applications for relief in Family Law and Probate matters, via dropbox at select locations. Importantly, the Court has issued a stay of all evictions between Tuesday, March 17, 2020, up to and through Wednesday, April 8, 2020.

The judiciary has published the hodgepodge of emergency measures local courts are taking here .

EVICTION MORATORIUMS
The Governor paves the way for municipalities to enact their own measures to prohibit evictions of residents who have been impacted by the fallout attendant to the coronavirus pandemic.
“People shouldn’t lose or be forced out of their home because of the spread of COVID-19 ... Over the next few weeks, everyone will have to make sacrifices – but a place to live shouldn’t be one of them. I strongly encourage cities and counties take up this authority to protect Californians.”

~ Governor Newsom
California has stopped short of issuing wholesale bans on evictions, but gives local governments broad discretion to enact their own protections for tenants because of the economic fallout.

In San Francisco, for instance, Mayor London Breed has imposed a moratorium on evictions in circumstances when a tenant has a demonstrated hardship as a result of a business closure, lay off or termination, or when the extraordinary out-of-pocket medical expenses that take priority during the pandemic. 

The state's order also pushes banks and other lenders to hold off foreclosing on residential and commercial properties, a practice that would provide relief to landlords unable to pay their mortgages due to poor rent collections. 
EVICTIONS IN PROGRESS
Sheriff Offices will not be enforcing evictions for the foreseeable future. If the Court has issued a Writ of Possession, there will be no knocks on doors.
Parting thoughts

We exhort landlords and property managers to be patient and compassionate when dealing with tenants impacted by coronavirus. If the renter claims a hardship due to the virus, some documentation may be in order. 

In our next email planned for Friday, we will be discussing some protocols on confronting the inevitable instances of tenants who ask for latitude in deferring rent payments, and address the possibility some tenants will use the government's police powers to defer rent, even though he or she has the ability to pay.

Until then, please be safe, and remember, we are open for business and look forward to serving you in all manner of legal issues that may arise in the ordinary scope of your business.

Godspeed,