Kern — SC-500-INFO

Source: https://www.courts.ca.gov/documents/sc500info.pdf

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

Judicial Council of California, www.courts.ca.gov SC-500-INFO, Page 1 of 3New October 15, 2021, Optional Form COVID-19 Rental Debt in Small Claims CourtCode of Civil Procedure, §§ 116.110 et seq., 116.223, 871.10, 1161.2.5, 1179.02; Health & Safety Code, § 50897.3

SC-500-INFO COVID-19 Rental Debt in Small Claims Court

What arguments can you make? The landlord and tenant may disagree about the amount of rent that is owed for various reasons. Read more about these reasons in the California Department of Real Estate's guide at landlordtenant.dre.ca.gov/resources/guidebook/index.html, in the "Living in the Rental Unit" and "Dealing with Problems" sections. Below are questions that can help you identify the issues that may exist in the case and may affect the amount of rent owed. Please note: This list does not include every possible argument. Other laws, including local ordinances, may affect the rights of landlords and tenants in COVID-19 rental debt cases. • Did landlord make a good-faith effort to: • Investigate whether governmental rental assistance is available to the tenant; • Seek governmental rental assistance for the tenant; or • Cooperate with the tenant's efforts to obtain rental assistance from any governmental entity or other third party under Civil Code section 1947.3(a)(3)? • Is there any pending application for rental assistance or other financial compensation from any other source corresponding to the amount claimed? • Did landlord receive rental assistance or other financial compensation from any other source corresponding to the amount claimed? • Did landlord improperly apply payments to past-due rent without the tenant's written agreement? • Does the amount claimed include service fees that were increased or not previously charged? • Does the amount claimed include late fees on rent or other financial obligations? • Did landlord improperly raise the rent? • Did tenant or a third party offer a rental payment that landlord would not accept? • If the lease or rental agreement was terminated, was the security deposit returned? Read more about the rules for security deposits at www.courts.ca.gov/selfhelp-eviction-security-deposits.htm. • Did tenant make needed repairs and properly deduct the cost from the rent? If so, did landlord gave proper credit? • Did landlord fail to provide habitable premises? This means that if the housing did not meet certain standards, the amount owed may be reduced. Note: It is illegal for a landlord to retaliate against a tenant for raising any of the above issues or any of the defenses listed on form UD-105, Answer—Unlawful Detainer. Can a tenant file a claim in the landlord's case? A tenant who is a defendant in a COVID-19 rental debt case may bring a claim against the landlord in the same case using form SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court. What if you disagree with the court's decision? If you are a tenant, you may appeal the decision on a claim filed against you. More information about appeals is available in the information at the end of Plaintiff's Claim and ORDER to Go to Small Claims Court (COVID-19 Rental Debt) (form SC-500) and at www.courts.ca.gov/smallclaims/appeals. If you are the landlord, you cannot appeal a small claims decision on a claim you filed. (Note that a landlord has the option of filing a COVID-19 rental debt recovery case in general civil court [use form Complaint—Recovery of COVID -19 Rental Debt (form PLD-C-500)]. In general civil court, all parties may appeal the court's decision and all parties may be represented by lawyers.) How much does it cost to file a case in small claims court? The amount the court charges a landlord to file a case in small claims court depends on the amount demanded and how many cases are brought by the landlord in a single year. The filing fees for small claims cases are listed on the Statewide Civil Fee Schedule, available at www.courts.ca.gov/7646.htm. There is no fee for the tenant to go to the hearing.

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SC-500-INFO COVID-19 Rental Debt in Small Claims Court What if you cannot afford the filing fee? What help is available when you go to court? If you want to sue someone in small claims court and • Accommodations for disability. If you have a cannot afford to pay court fees and costs, you may not have disability and need an accommodation while you are at to pay. The court may waive all or part of those fees if you: court: Are getting public benefits; or • You can use form MC-410, Disability • Are a person with very low income; or Accommodation Request , to tell the court about • Do not haveho enough income to pay for your your needs. • household's basic needs and your court fees. • For more information about making a disability To ask the court to waive your fees in small claims court, accommodation request, see form MC-410-INFO, complete form FW-001, Request to Waive Court Fees. How to Request a Disability Accommodation for File your request with the court. Court. • Remember to submit your request to the ADA Where can you get help with a small claims Coordinator or designated person in your court. case? • Visit your court's website to find the ADA Coordinator or designated person. For help• Small Claims Advisors. Every county has a Small finding your court, go to www.courts.ca.gov/ Claims Advisor who is available to help you with your find-my-court.htm. small claims case. These services are free. To find the • Interpreters. If you do not speak English well: Small Claims Advisor in your county, go to • Ask the court clerk as soon as possible for a court- www.courts.ca.gov/selfhelp-advisors.htm. provided interpreter. • Forms and online help. You can find small claims forms • You may use form INT-300, Request for Interpreter and more information about small claims court at the (Civil), or a local court form to request an California Courts Online Self-Help Center interpreter. www.courts.ca.gov/smallclaims . You can also get forms • If no court interpreter is available at the time of your and help at your county law library or the courthouse trial, it may be necessary to reschedule your trial. nearest you. • Local court websites. Your local court may have • You cannot bring your own interpreter for the additional information and help for your small claims trial unless the interpreter has been approved by the matter. Visit your court's website for current information court as a certified, registered, or provisionally on small claims hearing procedures. For help finding your qualified interpreter. See Cal. Rules of Court, rule court, visit www.courts.ca.gov/find-my-court.htm. 2.893, and form INT-140, Temporary Use of a Noncertified or Nonregistered Spoken Language • Legal services organizations. Local organizations may Interpreter. be able to assist parties in preparing for court. Parties may be able to find a legal service organization that serves Who can look at your case file? their area at http://lawhelpca.org/. If you are sued in small claims court for nonpayment of COVID-19 rental debt, only the following people may see • Lawyers. Both parties may ask a lawyer about the case, the case file: but a lawyer may not represent either party in court at the • The parties (landlords and tenants). small claims trial. Generally, after judgment and on • A person who gives the court clerk the name of at appeal, both parties may be represented by lawyers. least one landlord and one tenant. • A person who lives in the residence for which COVID-19 rental debt is owed who shows proof of residency and gives the clerk the case number or the name of one of the parties. • A person who gets an order from the court after showing that they have good cause to see the case file.

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