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 871.11 capped attorney's fee awards in ordinary COVID-19 rental debt cases at five hundred dollars for uncontested matters and one thousand dollars for contested ones, listed factors for judging whether a case was ordinary, and by its own terms expired on October 1, 2025.
(a)Notwithstanding any other law, in any action to recover COVID-19 rental debt, as defined in Section 1179.02, brought as a limited or unlimited civil case, the court shall not, under ordinary circumstances, award reasonable attorneys' fees to a prevailing party that exceed the following amounts:
(1)If the matter is uncontested, five hundred dollars ($500).
(2)If the matter is contested, one thousand dollars ($1,000).
(b)In determining whether a case was litigated under ordinary circumstances, the court may consider the following:
(1)The number and complexity of pretrial and posttrial motions.
(2)The nature and extent of any discovery performed.
(3)Whether the case was tried by jury or by the court.
(4)The length of the trial.
(5)Any other factor the court, in its discretion, finds relevant, including whether the tenant or the landlord, or both the tenant and the landlord, would have been eligible to receive a rental assistance payment from the governmental entity, or other third party pursuant to paragraph (3) of subdivision (a) of Section 1947.3 of the Civil Code.
(c)Nothing in this section shall be interpreted to entitle the prevailing party to an award of reasonable attorneys' fees if that award is not otherwise provided for by law or agreement.
(d)This section shall remain in effect until October 1, 2025, and as of that date is repealed.
Plain-English Summary
This section put a ceiling on attorney's fees in COVID-19 rental debt litigation. In an action to recover that kind of debt, whether filed as a limited or unlimited civil case, subdivision (a) barred the court from awarding a prevailing party more than $500 in fees if the matter was uncontested, or $1,000 if it was contested -- unless the case wasn't litigated "under ordinary circumstances."
Subdivision (b) listed what the court could weigh in deciding whether circumstances were ordinary: the number and complexity of pretrial and posttrial motions, the extent of discovery, whether the case went to a jury or the court, the length of trial, and other relevant factors, including whether either side would have qualified for rental assistance. Subdivision (c) made clear this section didn't create a right to fees where none otherwise existed by law or agreement -- it only capped fees that were already recoverable.
Subdivision (d) is the section's own sunset clause: it says the section remained in effect only until October 1, 2025, and was repealed as of that date. That date has now passed, so this fee cap no longer applies to cases going forward, even though the broader COVID-19 rental debt chapter -- see § 871.12 -- continues on its own separate timeline.
Frequently Asked Questions
What were the attorney's fee caps under § 871.11 while it was in effect?
$500 for an uncontested COVID-19 rental debt case and $1,000 for a contested one, under ordinary circumstances.
What could push a case outside 'ordinary circumstances'?
Factors like the number and complexity of motions, the scope of discovery, whether it was tried to a jury, the length of trial, and rental-assistance eligibility, among other things the court could weigh.
Is this fee cap still in effect?
No. By its own terms, § 871.11 remained in effect only until October 1, 2025 and was repealed as of that date.
Did this section create a new right to recover attorney's fees?
No. Subdivision (c) made clear it didn't entitle a prevailing party to fees not otherwise available by law or agreement -- it only limited fees that were already recoverable.
Amendment History
Amended by Stats 2021 ch 27 (AB 832),s 9, eff. 6/28/2021. 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
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