A California Dilemma: The Legalities of Late Rent Payments Explored
In the heart of San Francisco’s Tenderloin neighborhood, Bradford Berger found himself hunched over on the sidewalk, sifting through crumpled legal documents in a worn manila folder. The stress of the morning weighed heavily on him, as he rushed to prepare for his wife’s chemotherapy appointment. She had been diagnosed with lymphoma the month before.
Just two days away, the sheriff’s deputies were scheduled to evict them both from the subsidized apartment they had called home for the past 15 years. This looming eviction persisted despite a local rental assistance program offering to cover the overdue rent they owed to the nonprofit organization managing their affordable housing unit.
It was a grim way to mark the couple’s anniversary, as they recently celebrated 19 years of marriage. Unfortunately, this situation was not uncommon, as noted by legal aid attorneys who bear witness to such struggles regularly.
California law allows landlords to evict tenants for non-payment of rent, regardless of their willingness or ability to settle the overdue amount. Tenant advocates argue that this undermines the effectiveness of rental assistance programs, a key strategy employed by local governments and nonprofits to prevent homelessness. They are pushing for a legislative proposal that would align California with 21 other states that prohibit evictions for non-payment for tenants who are willing and able to pay.
Challenges and Consequences of Evictions
During the peak of the COVID-19 pandemic, eviction filings plummeted in California as the state banned evictions for tenants facing pandemic-related financial hardships. However, since then, eviction rates have been on the rise in many areas. In Los Angeles, for example, of the 166,463 eviction notices filed between February 2023 and mid-November 2024, 94% were due to non-payment of rent, according to the city’s controller’s office.
Unfortunately, obtaining statewide data on eviction causes and landlord refusals to accept tenant payments can be challenging due to sealed eviction records. Additionally, many negotiations take place in mediation sessions and informal court conversations. Cities and counties have expanded rental assistance programs in recent years to help cover tenants’ payments due to temporary hardships like job loss or medical crises.
In theory, these programs prevent homelessness, but disbursements can be delayed. According to Jacqueline Patton, a supervising attorney at the Eviction Defense Collaborative in San Francisco, the average time from a client’s application to payment reaching the landlord is approximately three months. Landlords must cooperate by providing debt information and accepting the payment.
Meanwhile, California tenants have only three business days to respond to the initial notice from the landlord before facing eviction. Landlords can proceed with eviction regardless of whether tenants have paid their bill. Tenants facing hardships can request a temporary suspension from the court to buy more time to find new housing, but these requests are not always granted.
A Path to Resolution
Landlords can work with tenants who seek assistance, often requiring them to agree to a payment plan or commit to timely payments in the future. Debra Carlton, the Executive Vice President of Government Affairs at the California Apartment Association, notes that landlords prefer receiving rent payments over going to court.
However, tenant attorneys argue that landlords sometimes refuse payments once they have decided to evict. They point out that factors like tenants’ relationships with property managers or even their race or disability can influence landlords’ decisions on accepting rent payments.
Daniel Bornstein, a San Francisco attorney representing landlords, mentions that non-payment of rent is the easiest type of violation to prove. He emphasizes that if tenants know they can wait until a sheriff arrives to pay overdue rent, there is no incentive to pay on time, rendering the lease agreement meaningless.
The pending bill in the Legislature would require a court to dismiss an eviction for non-payment if tenants can pay all accumulated rent before being evicted. The bill also mandates case dismissal if tenants provide evidence of approved rental assistance for that amount.
Sen. Aisha Wahab, the bill’s author, emphasizes the importance of halting eviction proceedings immediately if tenants can recover funds to pay their arrears. The legislation, supported by the tenant advocacy group Tenants Together, is part of ongoing efforts to extend legal timelines for eviction cases in California.
California’s eviction process moves faster than a typical civil lawsuit, prompting recent measures to give tenants more time to respond when faced with eviction. Advocates argue that landlords facing mortgage or utility bill delays often have months to catch up before facing consequences, and tenants deserve similar leniency.
Human Stories Behind the Statistics
Behind the statistics lie complex eviction sagas that disproportionately affect those at the lower end of the socioeconomic spectrum. Bradford Berger, reliant on disability payments since a back injury years ago, was juggling multiple responsibilities when he fell behind on rent last year. His income of around $900 per month, after deductions, was the sole financial source for him, his wife, and their two cats.
The couple fell behind on rent payments, leading to a repayment plan offer from their landlord, the Tenderloin Neighborhood Development Corporation. They managed to make two timely payments but fell behind again in December after Berger lost his wallet. Despite being deemed eligible for rental assistance, their landlord proceeded with eviction.
Marvellus Lucas, a comedian and nonprofit social worker in San Francisco, faced a similar situation when he fell behind on rent due to unforeseen circumstances. With the help of his employer, he was able to settle his debt and negotiate a resolution to stay in his home.
These personal stories shed light on the human impact of eviction laws and the struggles faced by tenants navigating the housing crisis. As Bradford Berger and his wife found themselves evicted, they were left on the streets with limited funds for temporary accommodation and uncertain plans ahead.
In conclusion, the debate over late rent payments and eviction policies continues to unfold, highlighting the critical need for legislative reforms to protect vulnerable tenants and ensure housing stability for all Californians.
