Fillable COVID-19 Rental Debt in Small Claims Court SC-500-INFO (CEB)

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

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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.
Page 1 of 3
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SC-500-INFO COVID-19 Rental Debt in Small Claims Court
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.
What arguments can you make?
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.
COVID-19 Rental Debt in Small Claims Court
New October 15, 2021
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.
l Is there any pending application for rental assistance or other financial compensation from any other source
corresponding to the amount claimed?
l Did landlord receive rental assistance or other financial compensation from any other source corresponding to the
amount claimed?
l Did landlord improperly apply payments to past-due rent without the tenant's written agreement?
l Does the amount claimed include late fees on rent or other financial obligations?
l Does the amount claimed include service fees that were increased or not previously charged?
l
l 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.
l Did tenant make needed repairs and properly deduct the cost from the rent? If so, did landlord gave proper credit?
Did landlord improperly raise the rent?
l Did landlord make a good-faith effort to:
l Investigate whether governmental rental assistance is available to the tenant;
l Seek governmental rental assistance for the tenant; or
l 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)?
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.
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.
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.
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.)
l Did tenant or a third party offer a rental payment that landlord would not accept?
l Did landlord fail to provide habitable premises? This means that if the housing did not meet certain standards, the
amount owed may be reduced.
SC-500-INFO, Page 2 of 3
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SC-500-INFO COVID-19 Rental Debt in Small Claims Court
If you want to sue someone in small claims court and
cannot afford to pay court fees and costs, you may not have
to pay. The court may waive all or part of those fees if you:
Are getting public benefits; or
What help is available when you go to court?What if you cannot afford the filing fee?
To ask the court to waive your fees in small claims court,
complete form FW-001, Request to Waive Court Fees.
File your request with the court.
Where can you get help with a small claims
case?
l
Small Claims Advisors. Every county has a Small
Claims Advisor who is available to help you with your
small claims case. These services are free. To find the
Small Claims Advisor in your county, go to
www.courts.ca.gov/selfhelp-advisors.htm.
l
l
Do not have enough income to pay for your
You can use form MC-410, Disability
Accommodation Request, to tell the court about
your needs.
For more information about making a disability
accommodation request, see form MC-410-INFO,
How to Request a Disability Accommodation for
Court.
l Remember to submit your request to the ADA
Coordinator or designated person in your court.
l
l
Visit your court's website to find the ADA
Coordinator or designated person. For help
finding your court, go to www.courts.ca.gov/
find-my-court.htm.
Who can look at your case file?
If you are sued in small claims court for nonpayment of
COVID-19 rental debt, only the following people may see
the case file:
COVID-19 Rental Debt in Small Claims Court
New October 15, 2021
l
Are a person with very low income; or
household's basic needs and your court fees.
l Forms and online help. You can find small claims forms
and more information about small claims court at the
California Courts Online Self-Help Center
www.courts.ca.gov/smallclaims. You can also get forms
and help at your county law library or the courthouse
nearest you.
l Legal services organizations. Local organizations may
be able to assist parties in preparing for court. Parties may
be able to find a legal service organization that serves
their area at http://lawhelpca.org/.
l Local court websites. Your local court may have
additional information and help for your small claims
matter. Visit your court's website for current information
on small claims hearing procedures. For help finding your
court, visit www.courts.ca.gov/find-my-court.htm.
l Lawyers. Both parties may ask a lawyer about the case,
but a lawyer may not represent either party in court at the
small claims trial. Generally, after judgment and on
appeal, both parties may be represented by lawyers.
l Accommodations for disability. If you have a
disability and need an accommodation while you are at
court:
l
l
Interpreters. If you do not speak English well:
l
Ask the court clerk as soon as possible for a court-
provided interpreter.
You may use form INT-300, Request for Interpreter
(Civil), or a local court form to request an
interpreter.
l If no court interpreter is available at the time of your
trial, it may be necessary to reschedule your trial.
l You cannot bring your own interpreter for the
trial unless the interpreter has been approved by the
court as a certified, registered, or provisionally
qualified interpreter. See Cal. Rules of Court, rule
2.893, and form INT-140, Temporary Use of a
Noncertified or Nonregistered Spoken Language
Interpreter.
l The parties (landlords and tenants).
l A person who gives the court clerk the name of at
least one landlord and one tenant.
l 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.
l A person who gets an order from the court after
showing that they have good cause to see the case
file.
SC-500-INFO, Page 3 of 3
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Completed 7 July 2022

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