San Marcos, CA – On March 24, 2020, the San Marcos City Council took action to protect residential and commercial tenants from the possibility of eviction by reason of financial hardship caused by the COVID-19 pandemic, and approved a temporary moratorium against such evictions.
Here’s what that means for tenants and landlords:
For Tenants
If there has been a substantial decrease in your household or business income caused by layoffs or significantly reduced hours, or if you have incurred substantial out-of-pocket medical expenses, and if the decrease in income and/or the medical expenses were caused by the COVID-
19 outbreak, the Council’s action temporarily prohibits your landlord from filing or pursuing an eviction action.
This does not mean that you do not owe the rent to your landlord – it means that the rent will be deferred until after May 31, 2020. If your rental agreement provides for a late payment fee, that fee will still be owed to the landlord if you defer your rent payment.
What should you do if you are in this situation? Within 30 days of your rent being due, NOTIFY YOUR LANDLORD IN WRITING that you have suffered a substantial decrease in your household or your business income (whichever is applicable), and provide your landlord with documents that show your substantial decrease in income is due to the COVID-19 outbreak.
If your landlord has initiated or threatened such an action, and you can show that your inability to pay rent was caused by the COVID-19 pandemic, please go to the City of San Marcos website (www.san-marcos.net) and click on the “Report A Concern” button, or select “Departments” and then “City Attorney,” and email the City Attorney from a link on that page. Your claim will be
investigated and, if found to be substantiated, action will be taken against your landlord.
For Landlords
If you receive notice from a tenant that they have experienced a substantial decrease in their household or business income caused by layoffs or significantly reduced hours, or if they have incurred substantial out-of-pocket medical expenses, and if the substantial decrease in income and/or the medical expenses were caused by the COVID-19 outbreak, the Council’s action prohibits you from filing or pursuing an eviction action against that tenant until after May 31,
2020.
This does not mean that the rent is not owed to you – it means that the rent will be deferred until after May 31, 2020. If your rental agreement provides for a late payment fee, that fee will still be owed to you if your tenant defers their rent payment.
If your tenant provides you with notice within 30 days of their rent being due that they have suffered a substantial decrease in their household or their business income (whichever is applicable), and provide you with documents that show a substantial decrease in income is due to the COVID-19 outbreak, you are PRECLUDED from initiating or pursuing an eviction action
against that tenant.
If the City learns that you have initiated such an eviction action and it is substantiated on review, you will be subjected to an enforcement action which will include the imposition of fines and orders. Please avoid this situation and work proactively with your tenants; in these difficult times it is important to work together to come to a mutually acceptable alternative payment schedule. If you have any questions, please go to the City of San Marcos website (www.san-marcos.net) and select “Departments” and then “City Attorney,” and email or call the City Attorney with the information provided on that page.
