Contact Us Today! 619-849-8849

Blog

Foreclosure and Eviction Relief during the Corona/COVID19 Quarantine

Posted by Marco Torres | Mar 31, 2020 | 0 Comments

Governor Gavin Newsom today issued an executive order banning the enforcement of eviction orders for renters affected by COVID-19 through May 31, 2020. The order prohibits landlords from evicting tenants for nonpayment of rent and prohibits enforcement of evictions by law enforcement or courts. It also requires tenants to declare in writing, no more than seven days after the rent comes due, that the tenant cannot pay all or part of their rent due to COVID-19.

The Corona/COVID19 Pandemic has quickly reshaped the landscape for businesses, property owners, and consumers in ways unimaginable just 6 months ago. Governor Newsom's most recent order exemplifies the difficult task of crafting solutions without causing a myriad of legal issues.

Landlords are left to wonder how they will make their mortgage payments and perhaps survive without losing their investment. Whether landlords are mom & pop investors, or anonymous corporate investors, the investments are significant and it's difficult to foresee how they will be able to recover the lost revenue, maintain rental properties, and meet their own financial obligations secured by tenant occupied properties.

What are landlords to do if upon the expiration of the Governor's executive order tenants file for bankruptcy thereby cancelling obligations to their landlords. Landlords may be left without recourse to recover rent arrears and be precluded from evicting the tenant. Adding to their losses, if landlords fall behind on their mortgages, lenders will promptly demand loans be paid current. Landlords may well be the ones left holding the proverbial "bag"!

The above is only a small sample of the legal issues resulting from the extraordinary circumstances we are facing today. How the issues are resolved remains to be determined. 

3.16.20-Executive-Order.pdf
Governor Newsom Takes Executive Action to Establish a Statewide Moratorium on Evictions

About the Author

Marco Torres

Marco has represented thousands of clients and handled as many matters throughout the state of California.  He is a member of the San Diego County Bar Association and is a veteran of the United States Army, Reserves and the California Army National Guard. Marco graduated from the University of C...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

This site, and any affiliated sites, may constitute attorney advertising. Any prior results do not guarantee a similar outcome, as each matter is unique and distinct. Any correspondence through this site, and or any affiliated sites, does not constitute an attorney-client relationship. Neither the content on this site, nor any affiliated sites, nor transmissions between you and The Law Office of Marco A. Torres (“TLOMAT”) through this site, or any affiliated sites, is intended to provide legal advice, or other advice, or to create an attorney-client relationship. The material on this website is presented solely for informational purposes and does not constitute legal advice and no legal action should be taken based solely on content available on this site. Without a valid fee agreement and/or retainer agreement for legal services, any communication sent to TLOMAT through this website will not be treated as confidential. The use of this website and its information, as well as electronic communication through this website, does not create an attorney-client relationship.

IRS Circular 230 Notice
Any tax advice contained in this website is not intended or written to be used, and cannot be used by your (1) to avoid any penalties imposed under the Internal Revenue Code; or (2) to promote, market, or recommend to any other party any transaction or matter addressed herein.

Menu