AB 832: California Extends Eviction Moratorium To September 30, 2021

 

The State of California recently passed AB 832, which extends eviction protections through September 30, 2021. AB 832 extends and replaces earlier eviction restrictions that were found in SB 91 and AB 3088.

This article is not meant to rehash the eviction moratorium in California. If you want to learn about previous iterations of the California eviction moratorium, please read our article on SB 91 and AB 3088. Instead, this article will touch on some (but not all) of the changes and updates to California’s eviction moratorium. The new rules are codified in AB 832.

New Notice for Tenants

On or before July 31, 2021, a landlord shall provide, in at least 12-point type, a new notice to tenants who, as of July 1, 2021, have not paid one or more rental payments that came due during the COVID period. Landlords must provide this new notice to their tenant regardless of whether the landlord is taking any other action against the tenant. The new notice can be downloaded from this government website.

Rental Assistance

Landlords may now be able to receive up to 100% of the COVID rent debt. However, not all tenancies will qualify. Either the landlord or the tenant can apply for relief under the new AB 832 eviction moratorium rules to receive up to 100% of the COVID rental debt. This is a change from the prior rule that said if the landlord doesn’t want to participate, the landlord would only receive 25% if the tenant decided to unilaterally apply for the rent relief program.

AB 832 Eviction Moratorium Extends Parts of SB 91 and AB 3088 and Adds New Provisions

The following are some of the provisions in the AB 832 law that have extended or changed the California eviction moratorium.

  • 15 day notice to pay rent or quit requirement is still in effect but has new/different language requirements. Tenants must still sign and return a declaration to the landlord. Tenants now have until September 30, 2021, to pay the landlord at least 25% of any rent missed between September 1, 2020 and September 30, 2021.
  • Extends just-cause requirements for eviction through September 30, 2021.
  • Normal small claims court monetary limits are lifted for the recovery of COVID-19 rental debt (an action to recover such debt cannot commence until November 1, 2021, subject to local restrictions)
  • Limited access to case records
  • Certain landlords will be able to receive 100% of the COVID rent debt from the government (up from the prior 80%). Tenants or landlords can apply for the 100%. Landlords can now receive funds even if the tenant who incurred the debt has already moved out.
  • There are new requirements for 3 day notices that are served after October 1, 2021, if the 3 day notice pertains to COVID-19 rental debt.

Additional Information

Disclaimer

The information in this article and blog are 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 County Extends Eviction Moratorium Again, to September 30, 2021

 

Once again, the Los Angeles County Board of Supervisors voted to extend the eviction moratorium. The new expiration date is September 30, 2021.

The following FAQ’s provide answers to common questions landlords may have regarding LA county’s eviction moratorium. Immediately after the FAQ, additional details are provided on the LA county eviction moratorium.

Has the LA county eviction moratorium been extended to September 30, 2021?

Yes.

Does the LA county eviction moratorium apply to non-payment of rent cases?

Yes, if the reason for non-payment is related to COVID-19.

Does the LA county eviction moratorium apply to no-fault evictions?

Yes. This means, among other things, the landlord cannot evict the tenant for certain no-fault reasons including selling the property, or for owner move-in (with limited exceptions).

Can a landlord evict a tenant in LA county due to nuisance, unauthorized occupants, or pets?

Generally no.

Can a tenant deny access to the landlord?

Yes, except in very limited circumstances.

Can a landlord evict a tenant who signed a repayment plan and then stops paying per the agreed terms?

No, this is not grounds for an eviction.

If a tenant provides the landlord with a payment, how does a landlord apply the payment?

The landlord must apply the payment to the prospective month’s rent, unless the tenant states otherwise.

Can a landlord raise the rent while the LA county eviction moratorium is in effect?

If the property is in unincorporated LA county, no.

Can a landlord harass or retaliate against a tenant?

No.

Here are more details found in the LA county eviction moratorium extension law, which is in effect now through September 30, 2021:

  • The Los Angeles County eviction moratorium, through September 30, 2021, prohibits evictions based on non-payment of rent due to financial hardship related to COVID-19 and failure to repay unpaid rent by the end of the applicable repayment period.
  • The Los Angeles County eviction moratorium, through September 30, 2021, prohibits no-fault evictions (this is a significant difference from the California eviction moratorium).
  • The Los Angeles County eviction moratorium, through September 30, 2021, prohibits evictions due to the tenant causing a nuisance or for unauthorized occupants or pets whose presence is necessitated by or related to the COVID-19 emergency.
  • The Los Angeles County eviction moratorium, through September 30, 2021, prohibits evictions on the grounds that such tenant denied entry by the landlord unless the reason for entry was for 1) remedying a condition that substantially endangers or impairs the health or safety of the tenant or other persons in or around the rental unit, or 2) the tenant is causing or threatening to cause substantial damage to the residential rental unit.
  • The Los Angeles County eviction moratorium, through September 30, 2021, prohibits evictions based on the tenant’s failure to pay back rent under the terms of a payment plan and makes any terms in a payment plan that allows eviction due to the tenant’s failure to comply with the terms of the payment plan void as contrary to public policy (so in effect, the tenant can deviate from their agreed repayment plan with the landlord and they can’t be evicted for failure to honor a payment plan that they voluntarily agreed to).
  • The Los Angeles County eviction moratorium, through September 30, 2021, prohibits landlords from applying a rental payment to any rental debt other than the prospective month’s rent, or such other month or rental debt that the tenant specifies, unless the tenant has agreed in writing to allow the payment to be so applied.
  • The Los Angeles County eviction moratorium, through September 30, 2021, carves out a small exception to the moratorium, lifting the prohibition on evictions of residential tenants in situations where a landlord, who purchased a single family home on or before June 30, 2021, wishes to move into the single family home for the landlord or landlord’s family member use and they intend to occupy as their principal residence, but only if very limited and strict conditions are met.
  • The Los Angeles County eviction moratorium, through September 30, 2021, prohibits rent increases in unincorporated areas of the county.
  • Prohibits landlords and their agents from harassing, intimidating, or retaliating against the tenant (there is no reciprocal prohibition in the eviction moratorium prohibiting the tenant from harassing the landlord). There are several examples in the moratorium describing what could be considered harassment by the landlord.

The LA county moratorium applies in unincorporated areas of LA county, and, effective September 1, 2020, it also applies in incorporated cities if the city does not have its own moratorium that is at least as restrictive as the county moratorium. The LA County moratorium is meant to provide uniform, minimum standards protecting tenants.

Additional Information

The foregoing article is meant for educational purposes only and is not legal advice and should not be construed as such. The laws change frequently and this article may not be updated to reflect the current regulations. Contact legal counsel to discuss your situation.

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Los Angeles County Extends Eviction Moratorium through June 30, 2021

 

When will the pain end for Los Angeles county landlords, especially small mom-and-pop landlords? Not anytime soon, thanks to the Los Angeles County Board of Supervisors. On February 23, 2021, the Los Angeles County Board of Supervisors voted to extend the county moratorium on evictions through June 30, 2021. But that’s not all. The Board also voted to add additional tenant protections at the expense of landlords throughout the county. This article will outline some of the main parts to the Los Angeles county eviction moratorium and its extension through June 30, 2021.

The LA county eviction moratorium protects tenants much more than the state law, SB 91. Under the LA county eviction moratorium, in effect through June 30, 2021, a landlord cannot evict a tenant for a no-fault reason. Further, a landlord cannot evict a tenant for nuisance, unauthorized occupants, or pets, if COVID-related. Even more absurd is that a landlord can be denied entry to their own property, unless the reason for the entry has to do with making substantial repairs that endangers health or safety, or if the tenant is causing or threatening to cause substantial damage. (Even though the tenant may not have been paying rent for many months, the landlord is still obligated to maintain the habitability of the property and make repairs.) Landlords are prohibited from harassing tenants or taking retaliatory action against a tenant, and the moratorium has a long list of what could be considered as harassment or retaliation. Interestingly (but not surprisingly), there is a lack of protections for landlords when the tenant is harassing or retaliating against the landlord.

One of the most shocking items in the Los Angeles county eviction moratorium is that if a landlord violates the moratorium, the county can impose administrative fines against the landlord. Further, any tenant, or any other person or entity acting on behalf of the tenant, including the county, may file a civil action against the landlord/owner. There is also the possibility of criminal liability for landlords/owners who violate the moratorium. There is no “warning” requirement, meaning, if a landlord accidentally violates one of the rules, the landlord is liable without pre-existing warning or notice. There will be many landlords, especially small mom-and-pop landlords, who have no intention of violating the LA county eviction moratorium, but due to the many complexities and outrageous rules imposed, may inadvertently violate a rule, opening themselves up to potential liability. To show some semblance of fairness, the county should at least require notice to the owner of an alleged violation and provide the owner a reasonable opportunity to cure the violation prior to allowing someone to take action against the landlord for an alleged violation. As of February 24, 2021, there is no such notice requirement in the moratorium.

The Los Angeles county eviction moratorium applies in all unincorporated parts of the county and, effective September 1, 2020, it also applies to incorporated cities if the city doesn’t have their own eviction moratorium that provides greater protections than the county moratorium.

The State of California already has in place statewide renter protections under SB 91. The Los Angeles county eviction moratorium is in addition to the statewide renter protections.

Additional Information

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SB 91 / AB 80: California has Extended the COVID-19 Eviction Moratorium through June 30, 2021

 

On Friday, January 29, 2021, California Governor Newsom signed an extension of the AB 3088 eviction moratorium into law. This law prohibits some, but not all, evictions. Under the SB 91 extension, many evictions cannot move forward until after June 30, 2021.

This article is not meant to explain all of SB 91. Rather, the primary focus of this post is to discuss aspects of SB 91 dealing with evictions. Furthermore this is not intended to be legal advice and provides only a high-level overview of the SB 91 eviction moratorium and touches on some of the main points of the law relating to evictions. These restrictions on evictions are in effect immediately. Landlords wanting to discuss their particular potential eviction should schedule a paid eviction consultation with us. SB 91 is a new law and interpretation is subject to change. Consult legal counsel before taking any action.

SB 91 Does Not Ban All Evictions

While SB 91 prohibits many evictions through June 30, 2021, it does not prohibit all evictions. To be sure, the courts are still accepting new unlawful detainer (eviction) filings are are continuing to process existing unlawful detainers. There are, however, more requirements for an unlawful detainer filing (see article here on UD-101) and parties can expect more delays than what occur under normal circumstances.

So, what types of unlawful detainer eviction cases are permitted to move forward now? SB 91 identifies what types of unlawful detainer evictions can move forward prior to July 1, 2021. Per CCP 1179.03.5:

(a) Before July 1, 2021, a court may not find a tenant guilty of an unlawful detainer unless it finds that one of the following applies:

(1) The tenant was guilty of the unlawful detainer before March 1, 2020.

(2) In response to service of a notice demanding payment of COVID-19 rental debt pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161, the tenant failed to comply with the requirements of Section 1179.03.

(3) (A) The unlawful detainer arises because of a termination of tenancy for any of the following:

(i) An at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code.

(ii) (I) A no-fault just cause, as defined in paragraph (2) of subdivision (b) of Section 1946.2 of the Civil Code, other than intent to demolish or to substantially remodel the residential real property, as defined in subparagraph (D) of paragraph (2) of subdivision (b) of Section 1946.2.

(II) Notwithstanding subclause (I), termination of a tenancy based on intent to demolish or to substantially remodel the residential real property shall be permitted if necessary to maintain compliance with the requirements of Section 1941.1 of the Civil Code, Section 17920.3 or 17920.10 of the Health and Safety Code, or any other applicable law governing the habitability of residential rental units.

(iii) The owner of the property has entered into a contract for the sale of that property with a buyer who intends to occupy the property, and all the requirements of paragraph (8) of subdivision (e) of Section 1946.2 of the Civil Code have been satisfied.

What does this mean in plain English? The easiest way to explain the types of evictions that can proceed now is as follows:

  1. Guilty Before March 1, 2020: If the tenant was guilty of unlawful detainer before March 1, 2020 (which is when the AB3088 eviction moratorium was made retroactive to), then those cases can move forward.
  2. Non-Payment of Rent: If the landlord adheres to all the temporary AB 3088 / SB 91 restrictions relating to non-payment of rent, and the tenant fails to return the declaration to the landlord and fulfill the tenant requirements under the temporary law, the landlord is permitted to bring forth an action for unlawful detainer now. (Caution: Even if the tenant fails to return the declaration to the landlord and therefore the landlord initiates an unlawful detainer against the tenant, the tenant has the right under the law to try and get the case dismissed under certain conditions.)
  3. The Tenant is “At-Fault”: Other than non-payment of rent, evictions can proceed if the tenant is at-fault, as defined in Civil Code 1946.2(b)(1). The tenant is “at-fault” when they are doing something that they are not supposed to do, or not doing something that they are supposed to do. Examples include if the tenant is breaching a material term of the rental agreement, committing a nuisance, damaging the property, or using the property for an unlawful purpose.
  4. The Eviction is for “No-Fault”: A no-fault eviction is an eviction where the landlord needs the property back not because the tenant is “misbehaving,” but rather for another reason. There are limited reasons under Civil Code 1946.2(b)(2) that allow a landlord to evict a tenant for a no-fault reason. Examples include if the owner or owner’s relative needs to move into the property or if the landlord received a government order which requires the vacating of the property. To be clear, to qualify under no-fault, the no-fault reason must be outlined in the Civil Code in order to proceed with a no-fault eviction at this time. Even properties that are normally exempt from just-cause eviction requirements are NOT exempt under SB 91 and AB 3088.
  5. The Owner of the Rental Property is Selling the Property: If the rental property is a single family residence and certain requirements are met, a landlord is permitted to evict the tenant if the owner has entered into a contract to sell the property with a buyer who intends to live at the property.

If the reason for the eviction doesn’t fit into one of the above categories or is not for a health and safety reason, then the eviction cannot be brought during the SB 91 / AB 3088 eviction moratorium. It is also important to note that SB 91 expands retaliation prohibitions. A landlord cannot use a different reason for eviction when the real underlying reason is non-payment of rent.

15 Day Notice to Pay Rent or Quit

The 15 day notice to pay rent or quit requirements under AB 3088 have been extended through June 30, 2021. In addition to serving the 15 day notice to pay rent or quit, landlords must include a notice from the State of California which outlines tenant rights, and concurrently provide the tenant with an unsigned declaration. The unsigned declaration form has been updated to include language reflecting the new expiration date of the moratorium and explains that the tenant may qualify for rental assistance.

There are different 15 day notice requirements depending on if the rent is for March 1, 2020 through August 31, 2020 (“protected time period”) or September 1, 2020 through June 30, 2021 (“transition time period”). For the transition time period, tenants will need to pay 25% of the rent incurred between September 2020 and June 2021 in order to be protected from unlawful detainer. Unless the tenant is high-income as it is defined in the law, landlords are prohibited from asking for documentation to prove that the reason for non-payment is COVID-related.

Schedule a call with us to discuss specifics relating to your case.

Good to Know About the SB 91 California Eviction Moratorium

  1. Rent control in local jurisdictions may provide additional restrictions on evictions. Be sure to check rent control laws. For example, Los Angeles City and Los Angeles County are two jurisdictions that have local eviction restrictions in effect. Both LA City and LA County disallow no-fault evictions at this time.
  2. Rental assistance is coming for some landlords and tenants.
  3. Even if a landlord is prohibited from evicting a tenant for non-payment of COVID debt, landlords may still be able to bring forth a small claims court case or regular civil action against a tenant, eventually.
  4. Regardless of whether or not the landlord intends to serve the tenant with a 15 day notice to pay or quit, landlords are required under SB 91 to serve a notice from the State of California on the tenant no later than February 28, 2021, if the tenant owes any rent for the period beginning on March 1, 2020 and ending on February 1, 2021.

Additional Resources Related to SB 91 and Evictions

  1. Schedule a paid 15 or 30 minute telephone consultation to discuss your particular case.
  2. Watch our SB 91 eviction moratorium video.
  3. Follow us on Twitter and like us on Facebook to receive up-to-date eviction information and landlord best practices.
  4. Read our article on AB 3088.
  5. Read the news release on SB 91 from Governor Newsom.
  6. Read the full text of SB 91.
  7. LA Times article.
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UD-101: Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer

 

The California courts, through the Judicial Council, released a new form effective October 5, 2020. The new form is UD-101, and is called the “Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer.”

UD-101 Judicial Council Form

As if the bias against landlords and property owners wasn’t enough already, the Judicial Council of California released a new form UD-101. This “Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations – Unlawful Detainer” form is now mandatory and must be filed by plaintiffs (property owners) in eviction cases. This four page form is detailed and requires landlords to outline many aspects of the landlord’s case and explain why the eviction should be allowed to proceed during the COVID-19 era.

The UD-101 Form Far Exceeds What AB3088 Requires

AB3088, which includes the COVID-19 Tenant Relief Act of 2020, requires landlords/plaintiff’s to file a supplemental cover sheet when filing a new unlawful detainer action. The law requires the following information only: whether the eviction is for possession of residential or commercial property, and whether the eviction is based on non-payment of rent. That’s it — nothing else. See section 1179.01.5. These questions can be answered in section 2 of Judicial Council form UD-101, which is why question 2 on UD-101 states, “Statutory cover sheet allegations.” Everything else on UD-101: Plaintiff’s Mandatory Cover Sheet and Supplemental Allegations-Unlawful Detainer are not required under AB3088 to be in a cover sheet filed with an eviction matter, but the Judicial Council is now requiring form UD-101 as a mandatory form. The bias against landlords is clearly evident.

Obtaining a Copy of UD-101

The Judicial Council Form UD-101 can be downloaded here [PDF].

Have UD-101 or Other Eviction Questions?

During these complicated times, the Law Office of David Piotrowski is assisting landlords/property owners in California by providing paid consultations. Owners may schedule a call with us to discuss the current eviction rules and regulations. During the call, we will answer your specific landlord/eviction questions. Many landlords find the consultation to be extremely helpful in navigating the various complicated eviction laws and how they may pertain to a particular case. Landlords can schedule and pay for the consultation to discuss form UD-101 and many other eviction nuances here. Learn more about the Law Office of David Piotrowski here.

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