OROVILLE, Calif. – The Butte County Superior Court issued an order suspending evictions - you're still asked to pay rent. This suspension is only temporary, to help you get through an emergency situation during the coronavirus pandemic. Below are full details of the order.
Based upon an application from the Butte County Sheriff, Kory Honea, the Butte County Superior court issued an order suspending the execution of all Writs of Possession for real property through May 31, 2020, Butte County Sheriff's Office announced Monday.
A Writ of Possession is the order which directs the Sheriff to restore real property to the landlord or lawful owner – also commonly referred to as eviction or lockout.
"The Sheriff made the decision to apply for such an order in light of the Federal, State and locally declared State of Emergency, extremely limited access to the Butte County courts, the interests of public health and safety, along with the Governor’s Executive Orders," The Butte County Sheriff's Office said in a press release.
"The stay order does not explicitly waive any duty to pay rent," the sheriff's office said. "Tenants facing eviction should seek competent legal advice regarding their duty to pay rent and any financial liability they may incur by their actions. Tenants facing eviction should note that the stay is only temporary and they should not cease making future living arrangements and/or communicating with landlords or property owners."
BCSO said to note that the stay does not affect the service or processing of unlawful detainer actions. And that this order only temporarily suspends the physical enforcement of evictions.
"Any eviction service packets received by the Sheriff will be processed and scheduled in the order they were received, upon the stay being lifted," BCSO said.
"The Sheriff specifically requested the court to consider issuing exemption orders on a case-by-case basis for tenants causing substantial property damage or in situations constituting a public safety and health hazard. Furthermore, restraining orders, domestic violence prevention orders, elder abuse prevention orders and any associated “immediate move-out orders” are unaffected by this stay and will be enforced."
For further information, people may refer to the order issued by the Butte County Superior Court on March 23, 2020.
Due to this order that was signed on Monday, the Butte County Superior court - (Resolution Imposing Substantive Limitations on Residential and Commercial Evictions Due to COVID-19) on the Butte County Board of Supervisors Agenda for tomorrow, March 24, 2020, has been removed.
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