COVID-19 Rental Debt in Small Claims Court SC-500-INFO
Judicial Council of California, www.courts.ca.gov SC-500-INFO,
New October 15, 2021, Optional Form COVID-19 Rental Debt in Small Claims Court
Health & Safety Code, § 50897.3
Beginning November 1, 2021, a landlord has the option to
bring an action in small claims court to recover COVID-19
rental debt that is more than the normal limits for small
claims actions. The purpose of bringing these claims in
small claims court is to resolve disputes about COVID-19
rental debt. The small claims court cannot determine
possession of residential property or evict a tenant from
property.
How does a tenant respond?
§§ 116.110 et seq., 116.223, 871.10, 1161.2.5, 1179.02;
A tenant does not need to file any papers before the trial
date. Tenants should go to court on the day of trial with
evidence about the amount of COVID-19 rental debt owed,
if any.
Code of Civil Procedure,
COVID-19 rental debt means any unpaid rent or any other
money owed under a residential lease or residential rental
agreement (for example, parking fees or utility payments)
that came due between March 1, 2020, and September
30, 2021.
What is COVID-19 rental debt?
Small claims court is a special court where disputes are
resolved quickly and inexpensively. The rules are simple
and informal. You may ask a lawyer for advice before you
go to court, but you cannot have a lawyer in court.
What is small claims court?
The person who sues is the plaintiff, the landlord in
these cases. If the landlord is a business, an
employee such as a property manager may go to a
small claims trial for the landlord (use form
SC-109, Authorization to Appear).
Who are the parties in a small claims case?
l
l The person who is sued is the defendant, the tenant
in these cases. There may be more than one tenant
paying rent for a single residence. The landlord may
want to name all tenants as defendants.
How does a COVID-19 rental debt case start in
the small claims court?
l Complete and file form SC-500, Plaintiff's Claim and
ORDER to Go to Small Claims Court (COVID-19
Rental Debt);
The landlord must:
l Attach documentation showing the landlord's good-
faith efforts to seek rental assistance (examples of
documentation include emails, texts, and notes from
phone calls); and
l Serve the form on the tenants (see form
SC-100-INFO, Information for the Plaintiff).
What should tenant take to small claims court for
a COVID-19 rental debt case?
Both the landlord and the tenant in a small claims action
for COVID-19 rental debt can present arguments and
evidence about how much money they believe is owed,
how much has already been paid, and other factors that can
affect the amount of COVID-19 rental debt that must be
paid.
The parties should bring the rental agreement, any rental
receipts, and any other receipts or other documents that
show the following:
l The amounts of COVID-19 rental debt owed
and the dates on which each amount came due.
Remember that COVID-19 rental debt means
rent and other financial obligations that came
due between March 1, 2020, and September
30, 2021.
l Any amounts that the tenant paid toward
the rent or other financial obligations and the
dates of payment.
l Any other amounts of rent or other obligations
that were paid through rental assistance
programs or other third parties on behalf of the
tenant.
l Any evidence of conditions affecting the
residence, such as items needing repair.
l Any evidence to support arguments made to
determine the amount of money owed.
Page 2 of this information sheet provides a list of some of
the arguments that landlords and tenants can make to help
the court determine the amount of COVID-19 rental debt
that is owed.
Can you bring a witness to small claims
court?
Both the landlord and the tenant may bring witnesses to
the trial who can tell the court what they know about the
COVID-19 rental debt, the condition of the home, and
agreements between the landlord and the tenant about
the need for repairs and payment for repairs.
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