Landlord won't let me stay if I catch COVID

[doucar]

Case law takes time to work its way through the system, especially if the system was basically locked down for over year with the eviction moratorium and court not hearing civil cases. I wouldn't expect significant case law in this situation for at least 6 months to a year from now.

 

[iqeylvadxqhj]

What everybody seems to be overlooking is California's lodger laws.

Law section (ca.gov)

Law section (ca.gov)

Renting a room in the owner's house may imply that you don't have a written lease of a specific duration (if you have one, say so) and it's just an informal arrangement where you pay rent every month. You are at least vulnerable to being put out with 30 days notice.

This is my understanding as well. So under this law it would not be possible for a landlord to kick out a tenant who caught a minor temporary illness like COVID, because of the long 30-day lead time. But if she got really angry at me then she could cancel the month-to-month tenancy.

California's landlord tenant statute also has a section that applies to Covid.

Law section (ca.gov)

From which I quote:

1942.9(b) Notwithstanding any other law, a landlord who temporarily reduces or makes unavailable a service or amenity as the result of compliance with federal, state, or local public health orders or guidelines shall not be considered to have violated the rental or lease agreement...

That tells me that if you get Covid and are required by federal, state or local orders to be quarantined for a period of time the LL is not going to be at fault for making you do your quarantine elsewhere.

I have a private room in the house. Where is the public health order that says that quarantining individuals can't share the same house with others? California has had almost 5 million COVID infections so I would expect that if that was indeed the rule, a massive number of people would have become (temporarily) homeless over the past 1.5 years.

As for court cases regarding Covid, the trend is the upholding of society's right to protect itself from a killer disease. If you do catch Covid and your LL puts you out I don't think you will get any help claiming disability discrimination.

But there is no precedent to refer to yet? That is unfortunate. I don't want to be the test case.

 

[doucar]

But there is no precedent to refer to yet? That is unfortunate. I don't want to be the test case.

Like I said it is too soon, given the circumstances for any covid related eviction case to have reached the appeals court or precedent level

 

[not2cleverRed]

Just out of curiosity, @iqeylvadxqhj , what are your plans to protect yourself, should your LL get COVID?

I ask this because a young relative had a roommate that caused a lot of stress - like, the roommate would have a conniption fit, worrying about COVID, when my relative would go running outside by herself!

Irony or ironies is that the roommate went to a fondue party and caught COVID. My relative had to self isolate/quarantine elsewhere.

 

[iqeylvadxqhj]

Just out of curiosity, @iqeylvadxqhj , what are your plans to protect yourself, should your LL get COVID?

Same as any other flu. Catching airborne illnesses is just a risk that you take living with roommates.

 

[AlmostThere]

You have a month-to-month lease with a crazy landlord. Find someplace else to live, give proper notice and move out.

 

[adjusterjack]

But there is no precedent to refer to yet?

Nothing specific for your scenario yet but, as I wrote earlier, recent court decisions may be predictive for future court decisions.

I don't want to be the test case.

Then make nice with your LL.

 

[zddoodah]

It is my understanding that the Unruh Act (and possibly other laws) prevent discrimination on the basis of medical conditions. For instance, a business isn't allowed to discriminate against HIV+ individuals, per Maureen K. v. Tuschka 155 Cal. Rptr. 3d 620 (Cal. Ct. App. 2013). Would the same hold true for individuals who have (or are suspected to have) other diseases, such as the flu?

Rental property isn't a business establishment. The Unruh Act wouldn't apply. However, the landlord-tenant laws apply and are the basis of my prior statement that your landlord "cannot . . . legally force you to leave your home if you do become infected." That does not, however, mean that your landlord cannot do a no-cause termination of your tenancy upon proper notice.

 

[quincy]

Rental property isn't a business establishment. The Unruh Act wouldn't apply. However, the landlord-tenant laws apply and are the basis of my prior statement that your landlord "cannot . . . legally force you to leave your home if you do become infected." That does not, however, mean that your landlord cannot do a no-cause termination of your tenancy upon proper notice.

What I have bolded above is incorrect. The Unruh Act covers housing accommodations including rental housing.

 

[quincy]

Here is a link with a list of businesses covered under the law:

https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2017/12/DFEH_UnruhFactSheet.pdf

 

[iqeylvadxqhj]

Here is a link with a list of businesses covered under the law:

https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2017/12/DFEH_UnruhFactSheet.pdf

I see a lot of retail establishments who post signs saying "do not enter if you have COVID symptoms." Isn't that discrimination based on medical condition under the Unruh Act?

 

[quincy]

I see a lot of retail establishments who post signs saying "do not enter if you have COVID symptoms." Isn't that discrimination based on medical condition under the Unruh Act?

“Covid symptoms?” Does the sign require proof of vaccination or masks?

In what city do you live?

 

[zddoodah]

I see a lot of retail establishments who post signs saying "do not enter if you have COVID symptoms." Isn't that discrimination based on medical condition under the Unruh Act?

It's discrimination based on medical condition, but it's obviously not illegal. You don't really think it's illegal to tell people who are or may be highly contagious to stay out of a public place, do you?

 

[quincy]

Here is a link to California’s Covid-19 safety measures as updated on October 6, 2021:

https://covid19.ca.gov/safely-reopening/

An employer has a duty to his employees to keep the workplace safe. One way to do that is to limit their exposure to deadly viruses by requiring vaccinations and masking of both workers and patrons.

 

[iqeylvadxqhj]

“Covid symptoms?” Does the sign require proof of vaccination or masks?

In what city do you live?

San Jose

I see signs like this all over the place: https://www.google.com/search?q=do+not+enter+covid&tbm=isch