California Civil Code Section 1511

The want of performance of an obligation, or of an offer of

performance, in whole or in part, or any delay therein, is
excused by the following causes, to the extent to which they
operate:

1. When such performance or offer is prevented or delayed by

the act of the creditor, or by the operation of law, even though
there may have been a stipulation that this shall not be an
excuse; however, the parties may expressly require in a contract
that the party relying on the provisions of this paragraph give
written notice to the other party or parties, within a reasonable
time after the occurrence of the event excusing performance, of
an intention to claim an extension of time or of an intention to
bring suit or of any other similar or related intent, provided the
requirement of such notice is reasonable and just;

2. When it is prevented or delayed by an irresistible,

superhuman cause, or by the act of public enemies of this state
or of the United States, unless the parties have expressly agreed
to the contrary; or,

3. When the debtor is induced not to make it, by any act of the
creditor intended or naturally tending to have that effect, done at
or before the time at which such performance or offer may be
made, and not rescinded before that time.

[Enacted 1872, amended by Stats. 1965, Ch. 1730]

Governor's order
Sample letter to use for Governor's order

DATE: _____________, 2020

Dear __________:

I am the tenant at _________________________________________, CA ______

Street, unit #, City Zip

I am giving you this notice no later than 7 days after rent for my unit was due. I am giving you
this notice on behalf of myself and other occupants in the premises.

I will not be able to pay the rent due for this month and subsequent months as the situation
continues, due to the COVID impact on my income because:
(check all that apply)
____I was unable to work or had my income reduced due to the COVID government response
____I need to care for someone who has or may have the COVID-19 virus
____I need to care for a child who is out of school due to the COVID government closure
____I have to care for myself, a relative or household member with an actual or suspected affliction

Please consider applying for the COVID Forbearance addendum to your loan which will permit
you to postpone your mortgage payment on the condition that you do not evict us for nonpayment of
rent during this pandemic. Your loan servicer can arrange that with you, particularly if they are backed
by Fannie Mae or Freddie Mac. Please advise me if you have achieved that COVID Forbearance
agreement.

Please also be advised that I claim protection under Civil Code §1511 in my inability to pay rent,
both because of the COVID pandemic as an “irresistible, superhuman cause,” and due to government
response ordering business closures and stay home orders. I believe that your attempting to evict me
under these circumstances will be unsuccessful, and would constitute a malicious prosecution for which
you could be liable in actual and punitive damages. We need to be cooperative, not confrontational.

For those who have lost their homes due to the COVID pandemic, I would like to have your
consent to permit friends or relatives to live with me in the unit without additional rent, as my guests.
If you object to that, I would like to have the reasons for your objection and your proposal as to what
conditions you would require to permit that.

Sincerely,

_____________________________ _______________________________
Signature Print Name
California Judicial Council Emergency rules of court affecting evictions
Emergency Rules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of the California Rules of Court are
adopted effective April 6, 2020, to read:

1
2 Emergency rule 1. Unlawful detainers
3
4 (a) Application
5
6 Notwithstanding any other law, including Code of Civil Procedure sections 1166,
7 1167, 1169, and 1170.5, this rule applies to all actions for unlawful detainer.
8
9 (b) Issuance of summons
10
11 A court may not issue a summons on a complaint for unlawful detainer unless the
12 court finds, in its discretion and on the record, that the action is necessary to protect
13 public health and safety.
14
15 (c) Entry of default
16
17 A court may not enter a default or a default judgment for restitution in an unlawful
18 detainer action for failure of defendant to appear unless the court finds both of the
19 following:
20
21 (1) The action is necessary to protect public health and safety; and
22
23 (2) The defendant has not appeared in the action within the time provided by
24 law, including by any applicable executive order.
25
26 (d) Time for trial
27
28 If a defendant has appeared in the action, the court may not set a trial date earlier
29 than 60 days after a request for trial is made unless the court finds that an earlier
30 trial date is necessary to protect public health and safety. Any trial set in an
31 unlawful detainer proceeding as of April 6, 2020 must be continued at least 60 days
32 from the initial date of trial.
33
34 (e) Sunset of rule
35
36 This rule will remain in effect until 90 days after the Governor declares that the
37 state of emergency related to the COVID-19 pandemic is lifted, or until amended or
38 repealed by the Judicial Council.
39
40
41

15
Revised April 6, 2020
 1 Emergency rule 2. Judicial foreclosures—suspension of actions
2
3 Notwithstanding any other law, this rule applies to any action for foreclosure on a
4 mortgage or deed of trust brought under chapter 1, title 10, of part 2 of the Code of Civil
5 Procedure, beginning at section 725a, including any action for a deficiency judgment, and
6 provides that, until 90 days after the Governor declares that the state of emergency
7 related to the COVID-19 pandemic is lifted, or until this rule is amended or repealed by
8 the Judicial Council:
9
10 (1) All such actions are stayed, and the court may take no action and issue no
11 decisions or judgments unless the court finds that action is required to further the
12 public health and safety.
13
14 (2) Any statute of limitations for filing such an action is tolled.
15
16 (3) The period for electing or exercising any rights under that chapter, including
17 exercising any right of redemption from a foreclosure sale or petitioning the court
18 in relation to such a right, is extended.
19
20
21 Emergency rule 3. Use of technology for remote appearances
22
23 (a) Remote appearances
24
25 Notwithstanding any other law, in order to protect the health and safety of the public,
26 including court users, both in custody and out of custody defendants, witnesses, court
27 personnel, judicial officers, and others, courts must conduct judicial proceedings and
28 court operations as follows:
29
30 (1) Courts may require that judicial proceedings and court operations be
31 conducted remotely.
32
33 (2) In criminal proceedings, courts must receive the consent of the defendant to
34 conduct the proceeding remotely and otherwise comply with emergency rule
35 5. Notwithstanding Penal Code sections 865 and 977 or any other law, the
36 court may conduct any criminal proceeding remotely. As used in this rule,
37 “consent of the defendant” means that the consent of the defendant is
38 required only for the waiver of the defendant’s appearance as provided in
39 emergency rule 5. For good cause shown, the court may require any witness
40 to personally appear in a particular proceeding.
41
42 (3) Conducting proceedings remotely includes, but is not limited to, the use of
43 video, audio, and telephonic means for remote appearances; the electronic

16
Revised April 6, 2020
 Habitability Checklist
This list is a guide to help you identify all of the things that can affect habitability, based upon Civil Code §1941.1 and Health
and Safety Code §17920.3. Due to the variety of circumstances which can arise in a given rental situation, all of the possible conditions
can’t be listed, so you should use your own judgment to determine whether a particular condition you are concerned with is like one of
those listed here. Plainly stated, just because it’s not on this list doesn’t mean it isn’t an uninhabitable one, particularly if it adversely
affects living there.

Electrical Plumbing ___ Drainage hose

___ The power is unstable (goes out) ___ Hot and cold water supplied ___ W ashing Machine itself
___ W all switches ___ Insufficient hot water ___ Broken pipes in ceiling, wall
___ some not working ___ Inadequate water pressure ___ Sewer/Septic system
___Cover plates missing/broken ___hot only ___ don’t work
___ Light fixtures not all working ___both ___ Inadequately maintained
___ Exterior grounds lights ___ faucets ___ Surface discharge, leaks
___ For exterior doors ___Bathroom ___ odor
___ For stairways ___Kitchen ___ discharge under building
___ For garage/parking ___Patio ___ Kitchen sink counter
___ For common walkways ___W et bar ___ tiled
___ Electrical outlets don’t all work ___ washing machines ___ nonporous and cleanable
___ No shocks from any part ___ Sudden bursts ___Exterior faucets
___ GFI plugs near water ___ pressure varies a lot ___don’t work/leak
___ kitchen sink ___ Dirty/unhealthy water ___Swimming pool/jacuzzi
___ bathroom sink ___ rust/discoloration ___don’t work
___ Fans ___ Odors ___leaks
___ ceiling [eg, bathroom] ___ bad taste [eg, sewage] ___pump/filter broken
___ heater [eg, bathroom] ___ Inadequate drainage ___will not heat
___ above stove ___ Backups into sink/tub
___ ceiling circulation fans ___ Slow drainage Flooring
___ Smoke alarms don’t work properly ___Regularly a problem ___ Uncovered holes in floors
___ Doorbell doesn’t work ___ in shower/bathtub ___ Floor separating from wall
___ Security system doesn’t work ___ Kitchen sinks ___ W eak or loose floorboards
___Bathroom sinks ___ Buckling or uneven floors
___ Toilets ___ Loose/chipped/missing tiles
Heating/Air Conditioning ___ Slow fill and flush ___ Loose/torn/missing linoleum
___ Furnace ___ Sewage backups/overflows ___ Torn or loose carpeting
___ Missing or broken ___ Flushing mechanism broken ___ Nails sticking up through carpet
___ Does not work ___ Leaks ___ Exposed carpet tack strips
___ Thermostat broken ___ From water line to wall ___ Carpeting mildewed or moldy
___ Inadequate heat ___ from the base on the floor ___ Carpeting stinks/unsanitary
___ Pilot goes out ___ from the fixture itself ___ Carpet torn/frayed, trip hazard
___ Produces odor ___ Garbage disposal
___ Noisy during operation ___ Doesn’t work Windows
___ Some rooms get no heat ___Backs up ___ Inadequate number of windows
___ Ducts are broken ___ Bathtub drain doesn’t work ___ Inadequate ventilation from windows
___ Asbestos in ducts ___ Sink stoppers don’t work ___ cracks or broken glass
___ Air filters failed ___ Faucets on sinks and tub ___ gaps in panes or windows
___ Vents don’t work ___ loose or broken ___ Inadequate weather sealing
___ Other heaters ___ hard to move ___ W indows that should open
___ heat lamps don’t work ___ Drip/trickle ___ Don’t open easily
___ wall heaters don’t work ___ Other Leaky plumbing ___ stick
___ portable units don’t work ___ Faucets leak ___ Don’t stay open as needed
___ Air Conditioning ___ when used ___ Don’t close completely
___ Units don’t work ___ always ___ Don’t latch
___ Inadequately cooling ___ Onto or under counter ___ Ground floor windows have no lock
___ Noisy ___ Drains under sink ___ Window screens [local ordinance]
___ Thermostats don’t work ___ Dishwasher ___ Holes or tears
___ Garbage disposal ___Missing from some/all
___ Clothes washer ___ Frames unbent, unbroken
___ Hoses -hot and cold intake
Doors ___unstable basement walls Nuisances
___Interior doors ___ Stairways/ rails ___Infestations
___ Loose in frame/maladjusted ___insecure, unsafe ___ mice/ rats/ rodents
___ stick ___dilapidated, failing ___ cockroaches
___ W ill not close securely ___Exterior porch/deck unstable ___ ants
___ Missing knobs ___ Paint ___ spiders
___ Missing working latches ___ flaking or peeling ___ termites
___ Exterior doors ___ lead-based ___bees/ wasps/ hornets
___ Loose in frame/maladjusted ___ flies/mosquitos
___ stick ___pigeons/bats
___ W ill not close securely ___Raccoons/opposums
___ Missing knobs
Appliances (supplied with unit) ___ Mold, mildew, mushrooms
___ Missing working latches ___ Unsanitary water supply
___ Appliances don’t all work
___Missing working deadbolts ___ raw sewage on exterior ground
___Stove
___ Inadequate weather stripping ___ Noxious fumes from sewer
___Refrigerator
___ Key does not work well ___Toxic/noxious fumes
___Dishwasher
___ Threshhold is broken ___ smoke from neighbors in building
___Clothes washer/dryer
___ Broken glass ___ chemicals, paints, neighbors
___Air conditioner
___ Sliding glass doors ___ Drug trafficking on the premises
___Garbage Disposal
___ stick ___ Gang activity on the premises
___Trash compactor
___ Do not completely close ___ Criminal acts by other tenants
___ will not lock securely ___Assault /molestation
___ tears or holes in screen ___violent crimes
___ Screen door loose in track ___ prostitution in the building
___ Screen door will not latch Common Areas ___ Noise
___ Cracks or broken glass ___ Entryway doesn’t work ___ construction in the building
___ Other exterior screen doors ___ Security gate doesn’t work ___ other tenants in the building
___ Improperly mounted ___ Swimming pool ___noisy functioning of building
___ W ill not close fully ___doesn’t work ___Blocking entry and exit
___W ill not latch/lock ___has stagnant/unhealthy water ___ of vehicles
___ Frame bent/broken ___slippery pool deck ___of pedestrian traffic
___ Holes /tears in screen ___No fence around pool
___ Does not close properly ___Missing safety devices
___Cannot be secured open ___inadequately lit
___ Elevator NOTES
___doesn’t work
Structure ___works sporadically
___does not function properly
___ Ceiling
___ Exterior lighting inadequate
____falling sown
___walkways/hallways
___ holes, flaking, looseness
___stairwells
___ leaks, stains from leaks
___parking areas
___ collapsing or soft
___outside of units
___ damp
___Entrance to building
___ leaks during rains
___ Intercom system doesn’t work
___ leaks regularly
___ W alkways have trip hazards
___ weak, damp or soft spots
___ laundry room
___ W alls
___machines don’t work
___W eak/loose/unconnected
___inadequately lit
___ holes or gaps
___ filthy with debris and trash
___to outside
___ Inadequate trash bins/pickup
___ missing wall surface
___ Trash/debris/junk around grounds
___ at connection to floor/ceiling
___weak, damp or soft spots
___ inadequate insulation
___permits water from outside
___Exterior walls not sealed
___ Shower area waterproofed
___ Basement
___floods
___inadequately sealed
 List of Defects - Worst to Lease
Now, you use the checklist information to create the list of defects that you will present. Arrange
them from worst to least, using the workspace below. The first impression is a lasting impression. When
you present this list to your landlord, a government inspector, the judge or jury, you want them to see the
worst thing first, so that they understand that you have serious problems, not just minor ones. This is
simply a worksheet to help you through it, with examples. You will repeat this list so it is worth saving by
itself.

Example Your List

Lack of heat
cockroach infestation
Bedroom window will not close
Smoke from downstairs unit
Garbage disposal broken
Smoke Detector not working
3 electrical outlets not working
Kitchen drawer sticks
Peeling paint in living room
Inadequate trash receptacles
On the next page, you organize this list for trial.
You will be explaining to the judge or jury
about each of these items in the detail required.
First you identify what the problem is, then
where it is. You put when it first began [to your
knowledge] and if it was finally fixed, then that
was. You identify when you first gave Notice
to the landlord about the condition, and what
Result [if any] you got from that. You identify
any Evidence that you have, like a picture,
letter, email, receipt, estimate, or whatever is
related to that condition. Finally, you explain in
real terms how it affected living there and by
what percntage [approximately] it reduced the
monthly value of living there. That could be
1% to 50%, or more. 10 months at 10% is a
whole month's rent worth of reduction. This
gives you a handy guide for your testimony as
well as discovery questions directed to the
landlord.
 Habitability Evidence
# Problem Location Began Ended Notice Result Evidence

10

For each of the above items [use another copy of this if more than 10], describe in real terms how it affects living there, Give
an approximate percentage reduction in rental value that you lost due to this condition during that time [1% to 50%].
1. ___________________________________________________________________ _____%
2. ___________________________________________________________________ _____%
3. ___________________________________________________________________ _____%
4. ___________________________________________________________________ _____%
5. ___________________________________________________________________ _____%
6. ___________________________________________________________________ _____%
7. ___________________________________________________________________ _____%
8. ___________________________________________________________________ _____%
9. ___________________________________________________________________ _____%
10. __________________________________________________________________ _____%