Judicial Council ends temporary rules on evictions

Beginning September 1, the court system will resume processing unlawful detainer cases, according to the policymaking arm of California’s Judicial Council. 

The much-anticipated decision should come as welcome news to rental property owners hit economically by the COVID-19 pandemic.

For Chief Justice Tani Cantil-Sakauye, the end of judicial rules that have temporarily halted evictions is not an endorsement of the rights of landlords or a judgment on eviction moratoriums. Rather, the decision to “get out of the way” was made to draw the line in the separation of powers. 

“The judicial branch cannot usurp the responsibility of the other two branches on a long-term basis to deal with the myriad impacts of the pandemic,” Cantil-Sakauye said. “The duty of the judicial branch is to resolve disputes under the law and not to legislate,” she goes on to say. The top judge understands that the role of the judiciary is not to legislate from the bench and has urged “sister branches to act expeditiously to resolve this looming crisis.”

The proposal to remove two rules that suspended evictions sailed through easily by a 19-1 vote and the circulating order can be read here.

How will landlords recoup the rent debt accrued during the pandemic?

What long-term solutions state lawmakers will enact is a work in progress, but some localities have taken the matter into their own hands. 

In San Francisco and Alameda County, for example, any rent debt that accumulated during the pandemic cannot be used as a reason to evict. Instead, the owner can take the tenant to small claims court to recover the missed rent or superior court if the missed rent is over $10,000. 

The rental property industry, regretfully, should come to terms with the fact that some income will never be recovered because these have been extremely difficult times for everyone.

Landlords are not the only group that has fallen on tough times, but nor should they be the ones to shoulder the burden. 

While the first reflex of the government was to protect tenants from displacement, Bornstein Law is encouraged that the hardship of property landlords is being recognized. We trust that lawmakers can arrive at a solution that both acknowledges the importance of solvency for rental property owners while giving some breathing room to tenants who have lost their jobs or otherwise experienced financial hardship. 

Laws and regulations necessarily are changing at a dizzying pace, but one skillset we excel at is managing landlord-tenant relationships, and that will remain a constant.