COVID-19 Renter Protections

Overview

On June 21, 2022, the Marin County Board of Supervisors adopted a Resolution barring evictions of residential tenants for nonpayment of rent due to the on-going impact of the Public Health Emergency arising from COVID-19 from July 1 through September 30, 2022. This Resolution only applies to renters in the unincorporated areas of the County. 

The Resolution reestablishes the local eviction moratorium previously adopted by the Board that was superseded by the State Legislature adopting Assembly Bill 2179, Assembly Bill 3088 and Senate Bill 91, set to expire on June 30, 2022. The local Resolution applies to all renters experiencing financial hardship due to COVID-19, and provides a 90-day repayment period for any rent past-due.

Visit the California Courts website for the latest laws applying to eviction cases.

If a landlord is attempting to evict a tenant for nonpayment of rent, they must first provide a 15-day notice which includes required noticing language, and a blank declaration of financial hardship form (Español, Tiếng Việt, русский, فارسی). Under this Resolution, “COVID-19 financial distress” is defined as:

• Loss of income caused by the COVID-19 pandemic;
• Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic;
• Increased expenses directly related to health impacts of the COVID-19 pandemic;
• Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit my ability to earn income;
• Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic;
• Other circumstances related to the COVID-19 pandemic that have reduced income or increased expenses.

Documents

• Board Packet
• Resolution 2022-61
• Tenant Declaration Form: English, Español, Tiếng Việt, русский, فارسی
• Noticing Language: English, Español

If you need this information or one of the documents in another language, please contact County staff by email or by phone at (415) 473-7309.

English

• 1. How long is this moratorium in place?

  The Marin County eviction moratorium is in place from July 1 through September 30, 2022 and applies to the unincorporated areas of the County.

• 2. Who does it apply to?

  This eviction moratorium applies to residential tenants in the unincorporated regions of Marin with unpaid rent from April 2022 onward.

  Under this Resolution, a tenant includes a subtenant, lessee, sublessee (of any level), or any other person entitled to use or occupancy of residential property. All renters are protected by this law, regardless of citizenship status.

  To determine if you live in an unincorporated region, use the County’s jurisdiction look-up tool.

• 3. What does “financial impacts” mean under this Resolution?

  Under this Resolution, “financial impacts" means a substantial loss of income due to:

  • business closure,
  • loss of compensable hours of work or wages,
  • layoffs,
  • missing work, or childcare expenditures due to school closure,
  • medical expenses related to being ill with COVID-19 or caring for a member of the residential tenant’s household who is ill with COVID-19,
  • or other similarly- caused reason resulting in a loss of income due to COVID-19.

  A financial impact is "related to COVID-19" if it was directly or indirectly caused by the COVID-19 pandemic, the proclamation of Local Emergency, the Health Officer's Shelter-in-Place Order, or public health orders or recommended guidance related to COVID-19 from local, state, or federal authorities.

• 4. How many days’ notice must a tenant receive to be evicted for non-payment of rent?

  If a tenant is unable to pay rent due to financial impacts related to COVID-19, the landlord must provide a 15-day notice which includes required noticing language, and a copy of the Resolution. To prevent eviction, the tenant must submit a declaration of COVID-19-related financial distress to the landlord within 15 days after receiving the notice.

• 5. Where can I find the declaration form?

  The declaration form is available on the County’s COVID-19 Renter Protections page. The text is also available below:

  I am currently unable to pay my rent or other financial obligations under the lease in full because of one or more of the following:

  1. Loss of income caused by the COVID-19 pandemic.
  2. Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.
  3. Increased expenses directly related to health impacts of the COVID-19 pandemic.
  4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit my ability to earn income.
  5. Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.
  6. Other circumstances related to the COVID-19 pandemic that have reduced my income or increased my expenses.

  Any public assistance, including unemployment insurance, pandemic unemployment assistance, state disability insurance (SDI), or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of income and/or increased expenses.

  Signed under penalty of perjury: ______________________

  Dated: ______________________

• 6. I am a tenant, and I cannot pay my rent this month. Can I be evicted for that?

  If a tenant is unable to pay rent due to COVID-19 related financial impacts (see question 3) and fills out a declaration form of COVID-19-related financial distress (see question 5), then they may not be evicted for this cause under this Resolution through September 30, 2022.

• 7. How long do tenants have to repay rent owed during the period covered by this Resolution?

  If a tenant has provided a signed declaration form, rent owed during the period covered by this Resolution is due up to 90 days after the expiration of this Resolution, which is currently September 30, 2022.

• 8. Can late fees be charged to rent owed during the period covered by this Resolution?

  If a tenant has provided a signed declaration, late fees may not be charged or collected for rent owed during the period covered by this Resolution.

• 9. I am a property owner, and I am owed rent from my tenant. How can I recover that?

  Resources for property owners to recover rent owed include:

  • Rental Assistance program, (415) 473-2223
  • Voluntary mediation, (415) 473-6495
  • Small claims court, (415) 444-7130
• 10. Does a tenant need to provide the declaration form to their landlord for each month they are unable to pay rent due to a financial impact of COVID-19?

  Yes, a tenant must submit the declaration form for each month that they are unable to make a rental payment.

• 11. I am a tenant, and I received an eviction notice. Where can I get advice?

  For legal assistance, you may consider reaching out to Legal Aid of Marin, a local organization that provides legal advocacy and support (415) 492-0230 (extension 102). 

• 12. I am a property owner with questions, who can I speak with?

  For assistance, please contact the County’s Consumer Protection Unit, which offers free landlord-tenant mediation services, at (415) 473-6495.

Community Resources

• Legal Aid of Marin:
  • phone: (415) 492-0230 (ext. 102)
  • FAQs: English, Español
• Fair Housing Advocates of Northern California, phone: (415) 457-5025
• Consumer Protection Unit (Mediation Services), phone: (415) 473-6495
• Emergency Rental Assistance Program, phone: (415) 473-2223

COVID-19 and Eviction Resources

• California Handbook of Tenants and Landlords Rights and Responsibilities handbook (updated 09/2020)
• Judicial Council of California Eviction Resources
• Judicial Council of California Tenant Checklist: English, Español
• Judicial Council of California Landlord Checklist: English, Español
• Legal Aid Association of California LawHelpCA
• Tenant Evictions Self-Help Guide (California Courts)
• Landlords Evictions Self-Help Guide (California Courts)
• Marin County COVID-19 Call Center: (415) 473-7191
• Marin County COVID-19 Website
• California COVID-19 Website
• California COVID-19 Resources:
  • Financial Help
  • Benefits for Workers Impacted by COVID-19
  • Mortgage Relief Financial Institutions