Now that October 2021 is upon us, there are some updates on the eviction moratorium in California, Los Angeles County, and Los Angeles City. This article will provide insight into some of the biggest changes to these eviction moratoriums.
California Eviction Moratorium
As of the writing of this article, it does not appear that California will be extending the statewide eviction moratorium which has been in effect for a year and a half and has applied to residential rental properties. This means, if the residential rental property is not subject to any other eviction protections at the local or state level, landlords will again be able to commence no-cause evictions, typically beginning with the serving of a 30/60 day notice to terminate tenancy. For areas that we service, the allowance of no-cause evictions are primarily limited to Ventura County and Orange County, since LA County and LA City still restrict no-cause evictions as will be discussed below. If you are a landlord in Ventura or Orange county and want to pursue a no-cause eviction, schedule a call with us to discuss possible representation.
Beginning October 1, 2021, landlords will be able to utilize 3 day notices to pay rent or quit when demanding rent that became due from October 1, 2021 and beyond, instead of the 15 day notice that was required through September 2021. However, landlords cannot simply go back to using the pre-COVID 3 day notice to pay rent or quit. There are additional requirements that landlords must adhere to with respect to 3 day notices to pay rent or quit, for the time period between October 1, 2021 and March 31, 2022.
Here are some of the main points for 3 day notices to pay rent or quit, beginning on October 1, 2021 and extending through March 31, 2022, which can be found in Civil Code 1179.10:
- For rent due between October 1, 2021 and March 31, 2022, the landlord can use a 3 day notice to pay rent or quit. This is not the “normal” 3 day notice that landlords used prior to COVID. Additional requirements must be followed between October 1, 2021 and March 31, 2022.
- The amount of rent demanded and the date each amount became due must be clearly itemized on the 3 day notice.
- A special notice from the State of California must be included on the 3 day notice and must include the telephone number and internet website address of the pertinent government rental assistance program.
- If the rent demanded is for rent prior to October 1, 2021, the landlord must still use a 15 day notice to pay rent or quit, and follow the rules that were outlined in previous California legislation, even if the 15 day notice is created and served after October 1, 2021. The controlling factor is the time period that the rent is demanded under the notice. In other words, if the landlord is serving a notice that is for rent that became due prior to October 2021, the landlord should use a 15 day notice. If the landlord is serving a notice that is for rent that became due in October 2021 or later, the landlord should use the special 3 day notice. If the landlord is seeking unpaid rent for a combination of months before and after October 2021, then 2 separate notices (a 15 day and a 3 day) must be served, and can be served simultaneously.
- If the tenancy commenced on or after October 1, 2021, meaning the tenant did not move into the property until October 1, 2021 or later, the landlord can serve a regular 3 day notice to pay or quit, without any special requirements. A “regular” 3 day notice to pay rent or quit can only be used if this is a new tenancy which commenced no earlier than October 1, 2021. If the tenancy commenced prior to October 1, 2021, the landlord will have to utilize the new 3 day notice rules, even if the landlord is only demanding rent from October 2021 forward.
- These special 3 day notice to pay rent or quit rules will be in effect until March 31, 2022, unless modified or extended.
In addition to these new requirements for 3 day notices to pay rent or quit, landlords will be unable to get a summons on a complaint for unlawful detainer that is based on non payment of rent unless the landlord takes affirmative action to apply for the government renter assistance program. See Civil Code 1179.11. A landlord will be unable to file the unlawful detainer action until after submitting the rental assistance application and then waiting 20 days since the later of 1) the date of submitting the rental relief application, and 2) the date that the landlord served the 3 day notice. There will be a new court form incorporating these new rules that will need to be filled out by the landlord and submitted to the court.
The details surrounding these rules are complicated and landlords wanting to learn more are encouraged to schedule a paid informational phone call with us.
LA County Eviction Moratorium
The LA county eviction moratorium applies in all unincorporated parts of LA county, plus cities that do not have their own eviction moratorium. The LA county eviction moratorium was set to expire at the end of September 2021. However, at a meeting of the LA County Board of Supervisors on September 28, 2021, the Supervisors voted to extend the LA county eviction moratorium all the way through January 31, 2022.
With respect to non-payment cases, LA county refers to the state rules.
Under the LA county eviction moratorium, most no-fault evictions are banned. This means a landlord has no right to terminate a month-to-month tenancy for any type of no-fault reason, with very limited exceptions. Just don’t want to rent the property to the tenant anymore? Too bad. Have other plans for the property, want to sell it, or remodel it? Too bad. LA county gives landlords no right to evict for any of these no-fault reasons. One small exception to the no-fault ban is if the reason for the eviction is owner or owner family-member move in, a landlord can evict if certain restrictions are satisfied.
The LA county eviction moratorium also prohibits evictions based on nuisance or for unauthorized occupants or pets whose presence is necessitated by or related to COVID.
A residential tenant protected under the LA county eviction moratorium can even deny the landlord entry to the property except in very limited cases.
It’s almost as if the owner doesn’t own the property anymore but still has the requirements of paying all the taxes, insurance, and under some leases, the utilities, and responding to any needed repairs! It is not a good time to be a landlord in LA!
LA City Eviction Moratorium
No change to the LA city eviction moratorium. Landlords are still severely restricted when it comes to terminating a tenancy in the city of Los Angeles. No-fault evictions are not permitted. The LA city eviction moratorium will remain in effect until the Mayor of LA declares the local emergency period over.
- Landlords: Schedule a paid telephone informational session to discuss your California residential eviction matter.
- Watch our eviction update video.
- Read about our eviction law practice.
- California government website regarding landlord/tenant issues during COVID.
- LA City Eviction Moratorium.
- LA County Eviction Moratorium.
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.