There are new updates to report on the eviction moratorium in both LA city and LA county. It is important to note that the LA city eviction moratorium is different than the LA county eviction moratorium. Therefore, it is essential to know which moratorium applies to the rental property, and then follow the rules outlined in the relevant moratorium. This article is not meant to discuss what landlords can do right now under the existing LA county and LA city eviction moratoriums, as that has been discussed in previous articles. Rather, this article focuses on what is changing in January 2023 and February 2023.
LA County Eviction Moratorium (December 2022)
First Update: LA county has extended the eviction moratorium though all of January 2023, with the possibility of further extensions. The moratorium is currently set to end at the end of January 2023, and NOT at the end of December 2022.
Second Update: LA county has extended the eviction moratorium again, this time through March 2023.
The LA county eviction moratorium is a baseline of tenant protections in the county and applies in the unincorporated parts of LA county as well as incorporated cities that do not have their own eviction moratorium that is at least as restrictive as the county moratorium.
As discussed in an earlier article, the majority of the LA county eviction moratorium will be ending at the end of 2022. This means, starting in January 2023 (and unless the rules change again and subject to existing rent control and just-cause eviction laws*), landlords will be able to begin non-payment of rent cases for rent due from January 2023 and beyond. However, tenants who claimed a COVID reason for not paying rent through December 2022 will still receive additional time to pay pre-January 2023 past-due rent. It is important to realize that if a tenant fails to pay the January 2023 rent, the “3 Day Notice to Pay or Quit” should include the January 2023 rent only (especially if the tenant had claimed a COVID hardship during the moratorium). Landlords will also finally be able to serve tenants with a 30/60 day notice to terminate tenancies for no-fault reasons (but see next paragraph). And, landlords will be able to evict for nuisance, unauthorized occupants, or pets.
Some LA county COVID eviction moratorium policies will extend beyond the end of 2022. If the tenant claimed a COVID-related reason for not paying the rent between July 1, 2022 and December 31, 2022, the landlord will NOT be able to evict for a no-fault reason until the end of the tenant’s repayment period. Furthermore, anti-harassment and retaliation protections in the moratorium will persist.
Caution: LA county is contemplating additional tenant protections that could change the rules again. Stay tuned.
Want to discuss an eviction in LA county? Schedule a paid telephone informational session.
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LA City Eviction Moratorium (December 2022)
The LA city eviction moratorium applies to rental properties located within the city of Los Angeles. If your property is located within the city of LA, you should follow the LA city eviction moratorium rules.
I discussed the winding down of the LA city eviction moratorium in a previous article. Tenants in LA city will get one additional month of protection above what is offered for tenants that fall under the LA county moratorium. The LA city eviction moratorium will end at the end of January 2023. This means non-payment cases will be able to proceed beginning in February 2023, but only for the February 2023 rent and beyond. It is important to realize that if a tenant fails to pay the February 2023 rent, the “3 Day Notice to Pay or Quit” should include the February 2023 rent only (especially if the tenant had claimed a COVID hardship during the moratorium). If the tenant took advantage of the LA city eviction moratorium and refused to pay rent prior to February 2023, the tenant still receives additional time to repay that debt. Other types of at-fault evictions, as well as no-fault evictions, will also resume in February 2023 (unless the rules change again and subject to existing rent control and just-cause eviction laws*). Even after the LA city eviction moratorium ends, landlords who have properties in LA city should continue to provide their tenants with the city-mandated “COVID-19 Renter Protections Fact Sheet” for a period of one year after the moratorium ends.
For properties that fall under LA’s rent stabilization ordinance, Ellis Act evictions cannot begin until April 1, 2023. Also, landlords cannot raise rent on RSO properties until February 2024.
Caution: LA city is contemplating additional tenant protections. Stay tuned.
Want to discuss an eviction in LA city? Schedule a paid telephone informational session.
Bookmark this blog and be sure to follow us on Facebook, YouTube, and Twitter. We want to ensure that you keep up-to-date on the eviction rules.
Video Discussing the LA Eviction Moratorium
Additional Information
- Landlords: Schedule a paid telephone informational session to discuss your California residential eviction matter.
- Read about our eviction law practice.
- LA Times Article
- LA County Eviction Moratorium
- LA City Eviction Moratorium
* It is important for landlords to understand what jurisdiction the rental property is located in, and whether or not there are any special tenant protections or rent control applicable to the property.
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.
