Ventura County Eviction Attorney During COVID

 

Evictions in Ventura county are permitted to move forward! While COVID placed many restrictions on evictions, most of those restrictions have expired in Ventura county. Do you need to evict your Ventura tenant?

Did Your Tenant Stop Paying Rent in Ventura County?

If your tenant stopped paying rent in Ventura county, we may be able to assist with an eviction. Due to many restraints, including COVID rules, if you want us to assist with your non-payment eviction case in Spring 2022, we will likely be demanding only April 2022 rent or beyond. We will not be demanding rent prior to April 2022, even if your tenant owes this money to you. This does not mean that you will never recover pre-April 2022 rent, but it means that we would not be demanding it in the Ventura unlawful detainer (eviction) case. If you have a tenant who hasn’t been paying rent in Ventura county and you’re ready to take the steps necessary to evict, reach out to us today. The first step is to schedule a call with us to discuss your options.

Is Your Tenant Violating a Material Term of the Rental Agreement?

This type of Ventura tenant eviction occurs when the tenant is violating a material term of the rental agreement. Examples of this type of Ventura eviction is if your tenant is smoking in violation of the rental agreement, or if the tenant has pets when the lease forbids it. We begin with a 3 day notice to “cure” the violation, and if the tenant fails to cure the violation within 3 days, we would then file the Ventura eviction case at the courthouse.

No-Fault Evictions in Ventura County

Perhaps your Ventura county tenant is not doing anything wrong, but you need the tenant to vacate for another reason. This is often referred to as a no-fault eviction. We may be able to assist with a no-fault eviction to remove your Ventura county tenant from your rental unit, subject to any local restrictions or state law limitations.

Ventura Eviction Video

Still Have Questions?

Landlords can schedule a consultation with us to discuss specific questions and situations relating to evictions in Ventura County. You can also learn about the eviction process.

Disclaimer

The information in this article and blog is not meant to be legal advice and is intended for educational purposes only. The laws change frequently and this article may not be updated to reflect current rules. Do not rely on this article when making legal decisions. Consult with legal counsel regarding your particular case before taking any action.

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Non-Payment of Rent Evictions in LA County between April 2022 and June 2022

 

Evictions in LA County that fall under the jurisdiction of the LA county eviction moratorium (for example, Santa Clarita falls within the scope of the LA county eviction moratorium, but LA City does not) can, in certain instances, move forward with non-payment of rent cases between April 2022 and June 2022.

AB 2179 Changes the LA County Eviction Moratorium

The state law known as AB 2179 changed parts of the LA county eviction moratorium that dealt with the county self-certification for non-payment of rent rules. Prior to AB 2179, all LA county would require of a tenant to be protected from a non-payment of rent eviction beginning in April 2022 was for the tenant to self-certify that they cannot pay rent as a result of COVID. This was terrible news for landlords.

AB 2179 changed this self-certification rule in LA county because the state law preempts the county law. Put another way, tenants are not protected under the LA county eviction moratorium for non-payment of rent between the months of April 2022 and June 2022 and are subject to the state laws under AB 2179. This works only in jurisdictions subject to the LA county eviction moratorium, such as Santa Clarita. It will not work in LA city because LA city has a different eviction moratorium.

Video

Ready to Evict for Non-Payment in LA County?

Without getting bogged down in the details, if you have a non-paying tenant in LA county and the property falls within the jurisdiction of the LA county eviction moratorium, consider creating and serving a 3 day notice to pay rent or quit just for the April 2022 rent or beyond. The time to do this is now, because AB 2179 rules end in June 2022. LA county will likely impose its terrible “self-certification” rules again beginning in July 2022, but only time will tell.

Still Have Questions?

Landlords can schedule a consultation with us to discuss specific questions and situations relating to California landlord/tenant law.

Disclaimer

The information in this article and blog is not meant to be legal advice and is intended for educational purposes only. The laws change frequently and this article may not be updated to reflect current rules. Do not rely on this article when making legal decisions. Consult with legal counsel regarding your particular case before taking any action.

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AB 2179 Extends Some California Tenant Eviction Protections

 

AB 2179 extended some California tenant eviction protections through June 2022 and in doing so, has also preempted some parts of local eviction restrictions, including those in LA county having to do with non-payment of rent.

What Does AB 2179 Do?

AB 2179 protects California tenants from eviction if the tenant completed a rental application for COVID-related debt by March 31, 2022. AB 2179 extends these protections through June 30, 2022. If a tenant applied for rent relief by March 31, 2022, those tenants will be protected from eviction while their rental relief application is pending, or up through the end of June 2022.

AB 2179 does not protect tenants who failed to submit a rental relief application by March 31, 2022. Further, new rental relief applications will not be accepted after March 31, 2022.

What About April 2022 Rent and Beyond?

It seems that AB 2179 does not stop a landlord from creating and serving a 3 Day Notice to Pay Rent or Quit for the April 2022 rent and beyond. Thus, some landlords may want to begin serving non-paying tenants with a 3 day pay or quit notice and demanding only the April 2022 rent (or beyond).

What About LA County?

AB 2179 says that some local eviction restrictions, such as those in LA county, will be preempted by AB 2179. This means the tenant self-certification that I discussed in a prior article will not take effect until at least July 1, 2022. This is overall good news for landlords who are otherwise subject to the LA county eviction moratorium, as the LA county self-certification requirement would have made it more difficult to evict non-paying tenants.

What About LA City?

Landlords who have rental properties within the city of Los Angeles are still out of luck and remain unable to evict non-paying tenants who claim a COVID hardship. AB 2179 does not preempt the LA city eviction moratorium.

AB 2179 Video

Still Have Questions?

Landlords can always schedule a consultation with us to discuss specific questions and situations relating to California landlord/tenant law. You can also read the language of AB 2179 here.

Disclaimer

The information in this article and blog is not meant to be legal advice and is intended for educational purposes only. The laws change frequently and this article may not be updated to reflect current rules. Do not rely on this article when making legal decisions. Consult with legal counsel regarding your particular case before taking any action.

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Civil Code 1942’s “Repair and Deduct” Remedy

 

Civil Code 1942 is the California law that discusses the “repair and deduct” rules that allow a tenant, under certain circumstances, to make repairs to the property and deduct the amount of the repairs from the rent.

Repair and Deduct Under Civil Code 1942

If a tenant notifies a landlord of problems relating to the habitability of the rental property and the landlord fails to take action to repair the problem within a reasonable time (for example, within 30 days after being notified of the issue), a tenant has the option to make the repair. This Civil Code 1942 remedy is not unlimited, however.

The cost of the repair under the Civil Code 1942 repair and deduct remedy cannot cost more than one month’s rent. Further, the tenant cannot avail himself of this remedy more than twice in any 12-month period.

If the tenant does not wish to make the repair, the tenant can instead decide to move out of the property and deliver possession back to landlord. If the tenant decides to move out under this scenario, the tenant will not need to make future rent payments and is discharged from the other conditions of the rental agreement as of the date the tenant delivered possession back to the landlord.

It is a best practice to keep all landlord and tenant communications in writing, including tenant repair requests and a landlord’s proof of completed repairs.

Civil Code 1942 Video

Civil Code 1942 FAQ

How often can a tenant use the “repair and deduct” option found in Civil Code 1942?

No more than two times in any 12-month period.

Does a tenant need to provide notice to the landlord before a tenant uses the “repair and deduct” option?

Yes. A tenant must provide written or oral notice of dilapidations rendering the premises untenantable which the landlord ought to repair and give the landlord a reasonable time to make the repairs first. Many rental agreements require a tenant to provide written notice to a landlord instead of oral notice.

How much notice should a tenant give to the landlord before using the “repair and deduct” remedy in Civil Code 1942?

As much notice as possible. If a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. This 30 day notice period is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.

Can a tenant make large repairs to the property?

The tenant may repair the problem himself where the cost of such repair does not cost more than one month’s rent. Note that many rental agreements have a clause prohibiting a tenant from making alternations or repairs to the property without notifying or getting permission from the landlord.

If a landlord doesn’t make the needed repairs after the tenant has provided the required notice, can a tenant move out of the property instead of making the repairs under Civil Code 1942?

 Yes. As an alternative to making the repairs under Civil Code 1942, the tenant may vacate the premises and give possession of the property back to the landlord.

What if the tenant caused the problem?

The “repair and deduct” remedy found in Civil Code 1942 is not available if the tenant caused the problem or is in violation of Civil Code 1929 or Civil Code 1941.2.

Still Have Questions?

Landlords can always schedule a consultation with us to discuss specific questions and situations relating to California landlord/tenant law. You can also read the language of Civil Code 1942 here.

Disclaimer

The information in this article and blog is not meant to be legal advice and is intended for educational purposes only. The laws change frequently and this article may not be updated to reflect current rules. Do not rely on this article when making legal decisions. Consult with legal counsel regarding your particular case before taking any action.

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Los Angeles COVID Eviction Moratorium Videos

 

The Los Angeles COVID eviction moratorium is complex and difficult to understand. To help demystify the LA COVID eviction moratorium, the Law Office of David Piotrowski has created several videos to help landlords understand both the LA city eviction moratorium and the LA county eviction moratorium.

The videos on this page focus on the LA city and LA county COVID-19 eviction moratorium. The most recently published videos appear first, with our oldest video on the LA eviction moratorium showing up last.

LA County Owner Move-In Evictions During the COVID-19 Eviction Moratorium

This video discusses an exception to the LA county eviction moratorium ban on no-fault evictions for landlords who need to evict a tenant for owner or owner family member move-ins.

When Does the LA City and LA County Eviction Moratorium End?

This video answers the question that many landlords have: When does the LA eviction moratorium end?!

Los Angeles County Eviction Moratorium Denial of Entry Rules

During the LA eviction moratorium, a tenant can deny a landlord access to the rental property except in limited circumstances. But the rules are changing in June 2022. Learn about the denial of entry rules in the LA county eviction moratorium.

Los Angeles County Eviction Moratorium Extension for 2022

LA county created a 3-phase system to eventually end the eviction moratorium. Find out about the LA county eviction moratorium and how it works in 2022.

California and Los Angeles Eviction Moratorium Updates for October 2021

LA city and LA county continue to take property rights away from landlords.

Los Angeles County Eviction Moratorium Extended to September 30, 2021

LA city and LA county decided to extend the eviction moratorium.

Still Have Questions?

Landlords can always schedule a consultation with us to discuss specific questions and situations relating to California landlord/tenant law.

Disclaimer

The information in this article and blog is not meant to be legal advice and is intended for educational purposes only. The laws change frequently and this article may not be updated to reflect current rules. Do not rely on this article when making legal decisions. Consult with legal counsel regarding your particular case before taking any action.

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