As you may already know, the moratorium on commercial evictions has been extended to September 30, 2021 in California. State law controls what San Francisco and all local governments can do with respect to laws governing commercial landlords and tenants, and Governor Newsom's Executive Order N-08-21 extended the timeframe for protections stated in previous Executive Orders. The moratorium does not waive the obligation to pay missed rent. If you have a business that has missed rent in the past year, we want to make sure you have time to prepare a repayment plan.
To answer your questions and ensure you have all the resources you need, OEWD will be hosting a webinar with the Bar Association of San Francisco on July 15th at 12:00 PM. There will be a live Q&A with legal experts during this webinar. Register by going to link.oewd.org/EvictionWebinar or by clicking the button below. You may also submit a question in advance when you register.
RSVP for Webinar on July 15, 2021 at 12:00 PM
* Please note that this presentation is just informational. For specific legal questions, please consult with an attorney or see the legal resources below. *
Read our FAQs and detailed guidance on the moratorium to learn more.
FAQ:
What should I do if I’m unable to pay my rent?
Your landlord may not evict for nonpayment of rent due during the moratorium which will end September 30, 2021. You and your landlord should use this time to develop a payment plan, which may address issues such as how much of the back rent the tenant must repay, and on what schedule.
What if I can’t pay my missed rent during the moratorium?
If you’re unable to pay because of COVID-19 and have not yet agreed to a payment plan with your landlord, you may still have time to repay any missed rent after the moratorium expires. Additionally, if you are a business with fewer than 10 employees, you have the option to terminate your lease upon providing a 30 days written notice to your landlord. You must do so before September 30, 2021 in order to avoid any termination penalty that may exist in the lease. Please note that you are still obligated to pay any rent that was due during the moratorium period and the landlord still has the ability to recover this missed rent.
Can I get even more time to pay my missed rent?
Yes. If you are a business with 49 or fewer employees, you may have additional time to repay any missed rent from March 18, 2020 to September 30, 2021. Under the Commercial Eviction Protections Ordinance, a business is provided a forbearance period, or repayment period, based on the number of employees your business had as of November 1, 2020. Please refer to the following table to see how much additional time you have:
Eligibility
✺ A commercial tenant and/or subtenant
✺ Registered to do business in San Francisco
✺ Annual gross receipts at or below $25M
✺ Month-to-month or holdover tenants are eligible
Need Help?
✺ Read our FAQs to learn more
✺ If you still have questions, contact our Small Business Assistance Center
415-554-6134, sfosb@sfgov.org
✺ Or contact one of these San Francisco-based legal assistance providers:
Legal Services for Entrepreneurs 415-543-9444 x217, lse@lccrsf.org
The City partners with the Lawyers’ Committee for Civil Rights’ Legal Services for Entrepreneurs (LSE) to help San Francisco small businesses at risk of displacement with lease review and negotiation and related services. LSE provides free legal services, as well as workshops and webinars, for businesses that may face displacement or have questions about their lease.
Enroll here or contact LSE at 415-543-9444 x217 or lse@lccrsf.org.
SF Bar Association 415-782-8940, cis@sfbar.org
The City also partners with the Bar Association of San Francisco (BASF) and its Conflict Intervention Service (CIS) to facilitate mediation between a business and its landlord. CIS works to resolve disputes and provide an outcome that avoids a commercial eviction and that supports the needs of a commercial landlord. BASF also provides referrals to attorneys through its Lawyer Referral Program Services (LRIS) if the need for further legal representation arises.
For more information on the Conflict Intervention Service and Lawyer Referral Program Services, visit their website or contact the SF Bar Association at 415-782-8940 or cis@sfbar.org.