California courts ban evictions, foreclosures

There will be no evictions and foreclosures in California during the coronavirus state of emergency, according to an order Monday by state court leadership.

The Judicial Council, the state court’s rulemaking body headed by State Chief Justice Tani Cantil-Sakauye, unanimously voted Monday to stop California courts from carrying out any eviction notices landlords file until Gov. Gavin Newsom declares California is no longer in a “state of emergency.”

Once the emergency is lifted, tenants facing eviction get at least another 60 days before an eviction action, if they respond to a court summons.

The court body also banned foreclosures during the emergency, and gave property owners 90 days after the emergency order is lifted before a court can take action, if owners respond to a mortgage lender’s court filing.

A Judicial Council representative confirmed to The Real Deal that the rule applies to commercial and residential evictions and foreclosures.

The action goes a step further than Newsom’s executive orders that partly halt evictions and foreclosures. The governor has received criticism from tenants and landlords alike for measures that they criticize as having too much ambiguity.

The judicial council order would appear to have no such ambiguity, though it does make an exception for foreclosures and evictions necessary “to protect public health and safety.”

In late March, the City of Los Angeles temporarily banned landlords from evicting tenants in rent-regulated apartments to convert them to condominiums under the Ellis Act.