Phase 2 protects tenants from eviction for unpaid rent accrued during the pandemic, but only if you meet specific conditions

California's Phase 2 eviction moratorium, which took effect in March 2021, prevents landlords from evicting tenants solely because of rent debt that built up between March 2020 and August 31, 2021. The state calls this period "COVID-19 rental debt." However, Phase 2 does not erase the debt itself — it stops eviction as a tool to collect it. You still owe the money, and your landlord can pursue other collection methods. The protection applies only to residential tenancies, and only if you can show financial hardship tied to the pandemic.

The moratorium works alongside California's rental information program, which reimburses landlords directly for unpaid rent from that period. If your landlord receives payment through the state program, they cannot evict you for that specific debt. If they do not receive information, they still cannot evict you for it under Phase 2 — but they may pursue a judgment against you in small claims or civil court after the moratorium ends.

Key Takeaways

  • Phase 2 stops eviction for rent owed between March 2020 and August 31, 2021, but only if you experienced pandemic-related financial hardship.
  • You must notify your landlord in writing that you are claiming the moratorium protection, using a form provided by your county or the state.
  • Landlords can still evict you for reasons other than unpaid COVID-era rent, such as lease violations, end-of-lease non-renewal, or damage to the property.
  • California's rental information program can pay landlords directly for this debt, which removes both the eviction threat and the money owed.
  • The moratorium does not forgive the debt — it only delays collection and prevents eviction as the enforcement method.

Who the moratorium protects and who it does not

Phase 2 protects tenants in residential units — apartments, houses, condos, and mobile homes — but not commercial tenants or those in owner-occupied buildings with four or fewer units, unless local law extends it. You must have experienced a loss of income, increased expenses, or other financial hardship directly caused by the COVID-19 pandemic. The state does not require you to prove this with specific documents, but you should be prepared to describe the hardship if your landlord challenges your claim.

The moratorium does not protect you if your landlord is evicting you for reasons unrelated to unpaid rent. A landlord can still evict you for violating the lease (such as keeping an unauthorized pet or subletting without permission), for criminal activity, for damaging the unit beyond normal wear, or for refusing to let the landlord make necessary repairs. They can also choose not to renew your lease when it expires, though some local jurisdictions have added their own "just cause" rules that limit this. Phase 2 is a shield against one specific weapon — eviction for pandemic-era rent debt — not a shield against all evictions.

How to claim the moratorium protection

You must notify your landlord in writing that you are claiming Phase 2 protection. California does not require a specific form, but using one makes the claim clear and creates a paper trail. Your county's court system or legal aid organization usually provides a free form. Search "[your county] COVID-19 tenant protection notice" or visit the California Courts website to find the form for your area.

The notice should state that you are claiming protection under the state moratorium for rent owed during the covered period (March 2020 through August 31, 2021), and that you experienced financial hardship due to the pandemic. Send it to your landlord by certified mail, email, or personal delivery — keep proof of delivery. You do not need to wait for an eviction notice to send this; you can send it as soon as you fall behind on rent during that period. Sending it early creates a record that protects you if your landlord later files for eviction.

If your landlord has already filed an eviction case against you, you can raise Phase 2 as a defense in court. Bring your notice and any documentation of pandemic-related hardship. The court will pause the eviction while it considers your claim.

What happens if your landlord files for eviction anyway

If your landlord files an eviction case after you have claimed Phase 2 protection, the case does not automatically disappear. You must respond to the court filing within the required time — usually five to ten days, depending on your county. Your response should state that you are claiming the state moratorium protection and that the debt falls within the covered period.

The court will then determine whether your claim is valid. If the judge agrees that the debt is COVID-era rent and that you experienced pandemic hardship, the eviction case will be dismissed. If the judge finds that the debt is not covered by Phase 2 — for example, because it accrued after August 31, 2021 — the case will proceed. This is why responding to the court filing is critical; ignoring it can result in a default judgment against you, even if Phase 2 would have protected you.

If you cannot afford a lawyer, contact your local legal aid organization or call 211 to find free legal help. Many counties have tenant rights organizations that provide free information on Phase 2 claims.

The difference between Phase 2 and rental information

Phase 2 and California's rental information program work together but serve different purposes. Phase 2 stops eviction; rental information pays the debt. If your landlord receives rental information funds for your unpaid rent, the debt is resolved and Phase 2 protection becomes unnecessary. If rental information is not available or your landlord does not participate, Phase 2 keeps you in your home while you work on repayment or other solutions.

To pursue rental information, you or your landlord can contact your county's housing authority or a nonprofit partner administering the program. The process process varies by county, but most programs require proof of income loss, a lease, and documentation of the unpaid rent. Rental information can cover rent owed during the Phase 2 period and sometimes beyond, depending on the program's rules and available funding.

What happens when Phase 2 ends

Phase 2 protection expired on September 1, 2021, for new unpaid rent. However, rent debt that accrued before that date remains protected. This means if you owe rent from July 2021, Phase 2 still shields you from eviction for that debt. Rent owed from September 2021 onward is not covered by the state moratorium, though your local city or county may have extended protections.

After the moratorium period, landlords can pursue collection through other means: small claims court (for debts under $10,000), civil court (for larger amounts), or collection agencies. A judgment against you can result in wage garnishment or bank account levies. This is why pursuing rental information or negotiating a payment plan with your landlord during the moratorium period is important — it resolves the debt before collection becomes the only option.

Local protections that may extend Phase 2

Some California cities and counties have enacted their own eviction protections that go beyond Phase 2. San Francisco, Los Angeles, Oakland, and several other jurisdictions have extended moratoriums or added "just cause" requirements that limit when landlords can evict. These local rules may protect you from eviction for reasons Phase 2 does not cover, or may extend the protection period for pandemic-era debt.

To find out whether your city or county has additional protections, contact your local housing authority, city council office, or tenant rights organization. You can also search "[your city] eviction moratorium" or "[your county] tenant protection" online. Local protections can be more generous than the state rule, so it is worth checking even if Phase 2 does not explore to your situation.

Frequently Asked Questions

Can my landlord raise my rent or refuse to renew my lease because I claimed Phase 2 protection?

No. California law prohibits landlords from retaliating against tenants for asserting their rights under the moratorium. Retaliation includes raising rent, decreasing services, or refusing to renew the lease within 180 days of the tenant claiming protection. If your landlord takes these actions, you can file a retaliation claim with your local housing authority or in court.

What if I owe rent from before March 2020 or after August 31, 2021?

Phase 2 does not cover those periods. Rent owed before March 2020 is not pandemic-related, and rent owed after August 31, 2021 is outside the moratorium window. Your landlord can evict you for that debt. However, some local jurisdictions have extended protections beyond the state dates, so check your city or county rules.

Do I need to prove my financial hardship with documents?

California law does not require specific documents to claim Phase 2 protection, but having evidence helps if your landlord disputes your claim. Useful documents include pay stubs showing reduced hours, termination letters, medical bills, or a written statement describing your hardship. The court will consider your testimony even without documents.

Can Phase 2 protect me if my landlord is also suing me for money damages?

Phase 2 stops eviction, but it does not prevent your landlord from suing you in civil or small claims court for the unpaid rent. The moratorium is a defense against eviction only. However, if your landlord obtains a judgment, they cannot use eviction to enforce it — they must pursue wage garnishment or bank levies instead.

What should I do if I receive an eviction notice?

Do not ignore it. Respond to the court within the important date stated on the notice, claim Phase 2 protection in your response, and send a written notice to your landlord as well. Contact a legal aid organization when ready for help with your court response. Missing the important date can result in a default judgment against you, even if Phase 2 would have protected you.