California Cities and Counties Eviction Moratoriums

Governor Gavin Newsom issued an EXECUTIVE ORDER that authorizes local governments to pause evictions for tenants – both residential and commercial – when the basis for the eviction is non-payment of rent arising out of a substantial decrease in household or business income or substantial out-of-pocket medical expenses caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19.

It is the opinion of CSSA and SSA that neither California law nor the Governor’s order allows local governments to affect the lien rights of self storage operators. California’s self storage lien law is in a different part of the state code and is separate from the state’s eviction laws.

Nevertheless, we strongly recommend that California operators review each LOCAL ORDER or ORDINANCE carefully – looking for all applicable city and county orders / ordinances – and determine the effect that each has on issues such as self storage lien sales, late fees, and unlawful detainer actions. Although some orders / ordinances have overlapping language, they often have significant, and occasionally subtle, differences such as definitions, repayment periods, and requirements for the tenant to claim the protection of the order / ordinance. We also strongly recommend consultation with experienced legal counsel when dealing with tenants who fail to pay in full. 

CLICK HERE for California Cities and Counties Eviction Moratoriums