Commercial Eviction Moratoria Extensions Authorized in California Through September 30, 2021

June 15, 2021

On June 11, 2021, California Governor Newsom issued Executive Order N-08-21.  Paragraph 61  extended the ability of local jurisdictions to restrict commercial evictions through September 30, 2021. 

Paragraph 2 of Executive Order N-28-20 authorized local governments to implement commercial and residential eviction moratoria through May 31, 2020, in cases where a tenant was unable to pay the rent as a result of the COVID-19 pandemic. Paragraph 21 of Executive Order N-66-20 extended this through July 28, 2020, Paragraph 3 of Executive Order N-71-20 extended this through September 30, 2020, Paragraph 2 of Executive Order N-80-20 extended this authorization through March 31, 2021, for commercial evictions only, and Executive Order N-03-21 extended this authorization for commercial evictions through June 30, 2021. Paragraph 61 of Executive Order N-08-21 extends this authorization for commercial evictions through September 30, 2021.

The extensions under Executive Order N-80-20 and Executive Order N-03-21 and of Executive Order N-08-21 are limited to commercial tenants only. The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088), signed by Governor Newsom on August 31, 2020, provides protections for residential tenants.  Those residential protections were expanded and extended under The COVID-19 Tenant Relief Act (SB 91).  

Executive Order N-08-21 does not automatically provide eviction protections until September 30, 2021 to commercial tenants. It merely authorizes local governments to pass or extend previously implemented eviction moratoria through September 30, 2021.

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Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. While KTS provides clients with information on legislative changes, our courtesy notifications are not meant to be exhaustive and do not take the place of legislative services or membership in trade associations. Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Laws may have changed since this article was published.  Before acting, be sure to receive legal advice from our office. For contact information, please visit our website:  www.kts-law.com.  For past Legal Alerts, Questions & Answers and Legal Articles, please consult the resource section of our website.

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