Encinitas emergency ordinance temporarily halts evictions

ENCINITAS–The Encinitas City Council Wednesday passed an Emergency Ordinance to enact a temporary moratorium on evictions due to nonpayment of rent for residential and commercial tenants related to the Novel Coronavirus (“COVID-19”).

Tenants must experience a financial impact as defined in the emergency ordinance (a substantial decrease in income or substantial out-of-pocket medical expenses, or governmental response to COVID-19). A financial impact is related to COVID-19 if it is caused by the COVID-19 pandemic or any governmental response to the pandemic including complying with any public health orders or recommended guidance related to COVID-19 from local, state, or federal governmental authorities; being sick with COVID-19; caring for a household or family member who was sick with a suspected or confirmed case of COVID-19; or caring for a child whose school was closed in response to COVID-19.

The ordinance is effective for rent due on or after March 27. The moratorium will last until the local emergency is terminated or the withdrawal of Governor Newsom’s Executive Order, whichever occurs sooner, though the council can extend the time period by a subsequent resolution. Tenants who were provided protection under this ordinance have up to six months from the end of the period during which this ordinance is effective, or the withdrawal of Newsom’s Executive Order whichever occurs soonest (unless otherwise extended by council resolution), to pay their landlords all unpaid rent.

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. The ordinance does not relieve the tenant of liability for unpaid rent after the expiration of the provisions of the ordinance.