COMMERCIAL EVICTIONS MORATORIUM

COMMERCIAL EVICTION MORATORIUM RESOURCES
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The Commercial Eviction Moratorium is set to end on September 30, 2021 when the Governor’s Executive Order expires. State law controls what San Francisco and all local governments can do with respect to laws governing commercial landlords and tenants. San Francisco has been able to limit commercial evictions due to the Governor's Executive Orders, which temporarily suspends state law. On June 11, 2021 the Governor issued Executive Order N-08-21, which extended the timeframe for protections stated in the previous Executive Orders through September 30, 2021. Accordingly, the Moratorium Period began on March 16, 2020 and currently is scheduled to expire on September 30, 2021.

The moratorium has been in place since March 2020 and prohibits commercial evictions because of nonpayment due to COVID-19. It applies to any rent that was due from March 18, 2020 to September 30, 2021, and may be extended.

NOTE: The moratorium does not waive the obligation to pay this missed rent. See the detailed guidance on the moratorium for tenants and landlords provided by OEWD.


 

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:
 

Commercial Tenant Number of Full-Time Equivalent Employees (FTE) Forbearance Period (Repayment Period) Forbearance End Date
Tier 1 Fewer than 10 FTE 24 Months September 30, 2023
Tier 2 Between 10 and 24 18 Months March 30, 2023
Tier 3 Between 25 and 49 12 Months September 30, 2022
Tier 4 50 or more FTE None September 30, 2021


For more information about calculating your number of Full-Time Equivalent Employees, read our detailed guidance.
 

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 call or email 415-543-9444 x217, 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, please visit the following website here or call or email 415-782-8940, cis@sfbar.org.