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Governor Newsom’s Executive Order N-80-20 extends the ability of local governments to enact commercial eviction moratoria through March 31, 2021.  Therefore, City of Encinitas Urgency Ordinance 2020-07 involving commercial eviction moratorium is still in effect through March 31, 2021.  Tenants must provide notice to the landlord before the rent is due and must provide documentation of the COVID-19 related reason for the nonpayment of the rent within two weeks of providing notice.  Nothing in this ordinance relieves the tenant of liability for unpaid rent after expiration of the provisions of this ordinance.  All rent due must be repaid in full by September 30, 2021.

AB 3088 extends residential eviction protections, while also superseding the residential provisions of City’s Urgency Ordinance 2020-07.  AB 3088 extends protections from residential eviction through January 31, 2021 as long as renters declare a COVID-19 hardship and pay at least 25 percent of the rent due during this period.  Landlords may seek to recover unpaid rent starting March 1, 2021.  Please see this link on AB 3088  for additional information.