City passes temporary halt on commercial evictions
Following suit with the statewide moratorium on residential evictions, the Carlsbad City Council has temporarily suspended evictions of commercial tenants who can’t pay rent due to the COVID-19 public health emergency.
To qualify, a commercial tenant must have been current on rent when the statewide emergency was declared on March 4 and notify the landlord in writing prior to rent being due or up to 10 business days after. The tenant also must be able to prove that the inability to pay is related to the COVID-19 emergency’s effect on the tenant’s business. The tenant will still be responsible for paying the back rent plus any late fees.
These requirements are modeled after the requirements established by Governor Gavin Newsom for residential eviction relief.
The City Council made one change to the resolution presented in the staff report. That change was to remove the May 2020 expiration date and have the suspension of evictions remain in effect until the end of the COVID-19 emergency. A link to the staff report and resolution with all the specifics is available on the city’s website.
On September 23, Governor Newsom signed an executive order that includes an extension of authorization for local eviction moratoria through March 31, 2021. The City of Carlsbad's commercial eviction moratorium relies on this authorization, which means our commercial eviction moratorium will remain in effect until March 31, 2021 or until the local state of emergency is lifted.