As of July 2022, Tenant Protections Remain in Effect in LA City/County

 

Summary: Contrary to what many may tell you, as of July 2022, there are still many COVID tenant protections in effect in both LA city and LA county. Both the LA City Council and the LA County Board of Supervisors have decided to leave several tenant protections in place. These protections have been in effect in some version since 2020 and remain in effect even though restrictions at the state level have mainly expired.

LA City COVID Eviction Protections as of July 2022

The LA City Eviction Moratorium has been in effect since early 2020 and we do not know when the LA City Eviction Moratorium will expire because the expiration of the LA City Eviction Moratorium is tied to the end of the local emergency period as declared by the mayor. The LA city eviction moratorium applies to all no-fault evictions, some at-fault evictions, and evictions related to non-payment of rent if the reason for not paying is related to COVID. Regarding non-payment cases, the tenant is not required to initially provide any proof to the landlord that they have been impacted by COVID. The moratorium applies to both residential and commercial rental units.

LA County COVID Eviction Protections as of July 2022

The name of the LA County Eviction Moratorium has been changed to the Tenant Protections Resolution. Whatever you decide to call it, the LA County Eviction Moratorium severely restricts the ability of a landlord to evict a tenant in many types of circumstances. Under the terms of the LA County Eviction Moratorium, almost all no-fault evictions are not allowed, with the one exception being if the landlord or the landlord’s immediate family member wants to move in (albeit with several restrictions and limitations). Some at-fault evictions remain protected from eviction. Also, as a July 2022, tenants get more protection from eviction if the reason for eviction is due to non-payment of rent. During what LA county calls “Phase 2” of the protections, a tenant need only “self-certify” that 1) they have financial hardship due to COVID, and 2) they are at or below 80% of the Area Median Income (AMI). Phase 2 is in effect through the end of 2022. The LA County Eviction Moratorium currently applies to only residential properties, as commercial properties lost protection earlier this year.

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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Denial of Entry Under Phase 2 of the LA County Eviction Moratorium

 

Beginning June 1, 2022, Phase 2 of the LA County Eviction Moratorium aka the Tenant Protections Resolution no longer protects tenants from eviction if the tenant denies access to the rental property to the landlord/agent.

Phase 2 Denial of Entry in LA County

We’ve created a video that discuss the new entry rules that took effect on June 1, 2022 in LA county.

As of June 1, 2022, A Tenant May Not Deny a Landlord/Agent Access to the Rental

Phase 2 of the LA county tenant protections took effect on June 1, 2022. Believe it or not, prior to June 1, 2022, a tenant could deny a landlord access to the rental unit except in very limited circumstances. But beginning on June 1, 2022, a tenant can be evicted if the tenant denies the landlord access to the property, assuming 1) the landlord has a valid reason for entry and has given proper notice to the tenant, and 2) the landlord is not using the entry to harass the tenant.

Most Common Valid Reasons for Entry

What is a valid reason for entering a rental property in LA county? Civil Code 1954 specifies the allowable reasons for entering a rental unit. The most common allowable reasons for entering a rental unit in LA county include the following:

(1) In case of emergency.

(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection.

While there are more allowable reasons, these are the most common. See Civil Code 1954 for more allowable reasons.

Proper Notice to Enter Rental Unit

Not only must the landlord have a valid reason to enter, the landlord must also provide the tenant with proper notice of entry. Again, Civil Code 1954 spells out what is proper notice for entering a rental. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary. The tenant and the landlord can also agree to entry orally.

The notice shall include the date, approximate time, and purpose of the entry. 

At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.

Refer to Civil Code 1954 for more notice of entry rules.

No Tenant Harassment

The landlord may not abuse the right of access or use it to harass the tenant, as this would violate not only Civil Code 1954, but also the LA County Tenant Protection Ordinance.

What if a Tenant Denies Entry?

Since a tenant no longer gets protection from the LA county COVID protection rules as of June 1, 2022 relating to denial of access, if the landlord has a valid reason for entry, and has provided the tenant with proper notice, and if tenant denies the landlord access, the landlord has the right to begin the eviction process.

The first step in this type of eviction would be to serve a correct 3 day notice on the tenant. The landlord needs to document the attempts to enter and keep a copy of the notice to enter that was given to the tenant. The landlord must be sure that 1) the notice to enter has all required information on it, 2) the entry is for an allowed reason, and 3) the notice to enter was given to the tenant in the correct manner. If the tenant still denies access after the 3 day notice period, then the landlord would need to file an unlawful detainer action at the courthouse.

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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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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