(a) In any action seeking recovery of COVID-19 rental debt, as defined in Section 1179.02, the plaintiff shall, in addition to any other requirements provided by law, attach to the complaint documentation showing that the plaintiff has made 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 pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code.
§ 871.10.General Provisions
Title 10. Actions In Particular Cases · Chapter 11. Actions to Recover COVID-19 Rental Debt · Last amended 2021 · Last verified July 28, 2026
In one sentenceSection 871.10 requires a landlord suing to recover COVID-19 rental debt to attach proof of a good faith effort to pursue rental assistance for the tenant, lets the court reduce damages if the landlord refused available assistance, barred these actions before November 1, 2021, and stayed most already-pending cases until that date.
Full Text of § 871.10
(b) In an action subject to subdivision (a), the court may reduce the damages awarded for any amount of COVID-19 rental debt, as defined in Section 1179.02, sought if the court determines that the landlord refused to obtain rental assistance from the state rental assistance program created pursuant to Chapter 17 (commencing with Section 50897) of Part 2 of Division 31 of the Health and Safety Code, if the tenant met the eligibility requirements and funding was available.
(c) An action to recover COVID-19 rental debt, as defined in Section 1179.02, that is subject to this section shall not be commenced before November 1, 2021.
(d) Subdivisions (a) through (c), inclusive, shall not apply to an action to recover COVID-19 rental debt, as defined in Section 1179.02, that was pending before the court as of January 29, 2021.
(e) Except as provided in subdivision (g), any action to recover COVID-19 rental debt, as defined in Section 1179.02, that is subject to this section and is pending before the court as of January 29, 2021, shall be stayed until November 1, 2021.
(f) This section shall not apply to any unlawful detainer action to recover possession pursuant to Section 1161.
(1) Actions for breach of contract to recover rental debt that were filed before October 1, 2020, shall not be stayed and may proceed.
(2) This subdivision does not apply to actions filed against any person who would have qualified under the rental assistance funding provided through the Secretary of the Treasury pursuant to Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) if the person's household income is at or below 80 percent of the area median income for the 2020 or 2021 calendar year.
Plain-English Summary
Section 871.10 grew out of the eviction and rent-collection freezes that followed the COVID-19 pandemic. It applies to actions seeking "COVID-19 rental debt," a term defined in Civil Code section 1179.02 to cover rent and other charges that came due during the pandemic emergency period. A landlord bringing that kind of action has to attach documentation to the complaint showing a good faith effort to investigate whether governmental rental assistance was available to the tenant, to seek that assistance, or to cooperate with the tenant's own efforts to get it, consistent with Civil Code section 1947.3.
The section also gives the court a tool for landlords who skipped that cooperation: if the court finds the landlord refused to seek help from the state's rental assistance program even though the tenant was eligible and funding existed, the court may reduce the damages awarded. And the statute set hard dates around all of this -- these actions couldn't be filed before November 1, 2021, and most actions already pending as of January 29, 2021 were stayed until that same November 1, 2021 date, with narrow exceptions for unlawful detainer actions under § 1161 and for certain breach-of-contract rent-debt cases filed before October 1, 2020.
This section is a product of its moment. It was built around a specific pandemic-era emergency rental assistance program and a specific set of 2021 filing dates, all of which have long since passed. Anyone researching it today is almost certainly looking at older, pandemic-era rent debt litigation rather than a currently active filing deadline.
Frequently Asked Questions
What is 'COVID-19 rental debt' under this section?
Rent and related charges, as defined in Civil Code section 1179.02, that came due during the pandemic emergency period covered by that statute.
What must a landlord attach to a complaint seeking this kind of rental debt?
Documentation showing a good faith effort to investigate, seek, or cooperate with the tenant's efforts to obtain governmental rental assistance.
Can a court reduce the damages a landlord recovers?
Yes, if the court finds the landlord refused to seek help from the state rental assistance program despite the tenant's eligibility and available funding.
Is this section still relevant to rent owed today?
It is tied to a specific, now-past pandemic period and 2021 filing dates -- it applies to COVID-19 rental debt as defined in Civil Code section 1179.02, not to ordinary rent disputes arising today.
Amendment History
Amended by Stats 2021 ch 27 (AB 832),s 8, eff. 6/28/2021. Amended by Stats 2021 ch 5 (AB 81),s 7, eff. 2/23/2021. Added by Stats 2021 ch 2 (SB 91),s 10, eff. 1/29/2021.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: covid-19 rental debt lawsuit californialandlord rental assistance requirement covid