Yesterday, Governor Newsom extended his Executive Order which further prolongs the duration of time that local governments are able to prevent commercial evictions due to non-payment of rent. Cities and counties within California now have the ability to enact or extend ordinances that prevent evictions of commercial tenants through June 30, 2021.
Eviction moratorium ordinances as a result of the COVID-19 Pandemiccontinue to change throughout the State. Not all cities and counties have eviction moratoriums in place. Sacramento County, for example, does not have a commercial eviction moratorium that applies to the unincorporated areas within the County. The City of Sacramento, on the other hand, has a commercial eviction moratorium in place, but it does not apply to all tenants – only first-floor retail tenants. The City of Rancho Cordova, also located in Sacramento County, has a very broad eviction moratorium in place which applies to all commercial tenants who do not pay rent. Placer County does not currently have a moratorium on commercial evictions, nor do the cities within it. Yolo County does not have a county-wide eviction moratorium, however the cities of West Sacramento and Davis do.
Local regulations on commercial tenancies are not only changing frequently, but are widely varied depending on the location of the property. We will continue to monitor local eviction moratoriums and regulations throughout California. If you have any questions regarding what local rules may apply to commercial real estate that you own or manage, please contact Alison Geddes of Trainor Fairbrook. Alison and the attorneys at Trainor Fairbrook remain committed to providing guidance and assistance to our commercial real estate clients in navigating the web of local and state regulations on evictions.