The LA County Board of Supervisors voted to extend the Los Angeles county eviction moratorium through March 31, 2023. The Board also made other changes to the LA county eviction moratorium.
LA County Eviction Moratorium Extended to March 31, 2023
LA county has extended the eviction moratorium through March 31, 2023. The LA county eviction moratorium applies to different types of reasons for eviction, including non-payment of rent, no-fault terminations, and evictions due to nuisance, unauthorized occupants, or pets. As of February 1, 2023, this moratorium will also apply to residential rentals in the city of LA.
Because the LA city eviction moratorium expires at the end of January 2023, the LA county moratorium will apply in the city of LA as of February 1, 2023. Landlords in the city of LA need to comply with the LA county eviction moratorium between February 1, 2023, and March 31, 2023.
LA County Non Payment of Rent Eviction Moratorium
Tenants who self-certify and notify their landlord within seven days of the rent becoming due (unless extenuating circumstances exist) that 1) they cannot pay rent due to COVID-19, and 2) they are at or below 80% of the Area Median Income (AMI), can use the self-certification as an affirmative defense to an eviction if the landlord decides to move forward with a non-payment of rent case against the tenant. In addition to the AMI threshold, tenants and space renters must have experienced a substantial loss of monthly household income of at least 10% and/or have increased, unreimbursed household costs of more than 7.5% to be protected. If the tenant contests the eviction and asserts the affirmative defense, the tenant shall have the burden to prove the basis of the affirmative defense.
After March 31, 2023, if a landlord seeks to evict a residential tenant for rent incurred between July 1, 2022, through March 31, 2023, the tenant must first be served with a 30 day notice to cure or quit. This 30 day notice exceeds the normal 3 day notice requirements. Further, a tenant whose household income is at or below 80% of the AMI and was unable to pay rent incurred from July 1, 2022 through March 31, 2023 due to COVID, shall receive up to twelve months thereafter to repay that rental debt.
After the LA county eviction moratorium ends, a 30 day notice will be required when a landlord seeks to evict a tenant for rent that became due between July 1, 2022, through March 31, 2023. Tenants can still utilize the extended repayment period afforded to them under the LA county eviction moratorium.
Landlord Tip: If the tenant has not notified the landlord within 7 days of the rent becoming due that 1) they cannot pay rent due to COVID-19, and 2) they are at or below 80% of the Area Median Income (AMI), then an eviction can commence for non-payment of rent. However, landlords should tread carefully as there is language in the law that says a tenant can claim they had an “extenuating circumstance” for not notifying the landlord within 7 days of the rent becoming due.
LA County No Fault Eviction Moratorium
“No-fault” termination of tenancy will continue to be banned under the LA county eviction moratorium through March 31, 2023, with the only exception being owner/family member move-ins. If a landlord tries to evict a tenant for a no-fault reason while the LA county eviction moratorium is in effect, the tenant can raise the moratorium as an affirmative defense.
If the tenant utilized repayment protections (discussed above under the non-payment heading), the tenant will receive extended no-fault eviction protections through the end of the repayment period.
If a residential tenant asserted repayment protections between July 1, 2022, through March 31, 2023, the tenant is afforded extended “no-fault” eviction protections until the end of the repayment period.
LA County Eviction Moratorium on Nuisance, Unauthorized Occupants, or Pets
Tenants in LA county receive an affirmative defense to an eviction if a landlord attempts to evict due to nuisance, unauthorized occupants, or pets whose presence was necessitated by or related to COVID between March 1, 2020, and January 20, 2023. These protections expire on March 31, 2023.
If a landlord seeks to evict a residential tenant for nuisance, unauthorized occupants, or pets whose presence was necessitated by or related to COVID after March 31, 2023, and if the tenant began living in the property between March 1, 2020, and January 20, 2023, the landlord will be required to serve the residential tenant with a 30 day notice to cure or quit before beginning an eviction case. This 30 day notice exceeds the normal 3 day notice requirements.
After the LA county eviction moratorium ends, a 30 day notice will be required in some circumstance when evicting a tenant due to nuisance, unauthorized occupants, or pets whose presence was necessitated by or related to COVID.
Partial Payments and Payment Plans Under the LA County Eviction Moratorium
Both landlords and tenants can enter into an agreement to repay the rental debt, but the failure of a tenant to pay back rent per the terms of any such repayment plan are not grounds for an eviction and is an affirmative defense to an eviction.
Application of Rental Payments
A landlord cannot apply a rental payment to any rental debt other than to the prospective month’s rent, unless the tenant has agreed in writing. This differs from the normal rule.
There’s More…
This article highlights many of the “big” things to know about the LA county eviction moratorium that has been extended through March 31, 2023, but it is not an exhaustive list of protections under the LA county eviction moratorium.
Many of the protections in the LA county eviction moratorium extension create an affirmative defense to an eviction. The tenant has the burden to prove the basis of the affirmative defense.
Additional Information
- Landlords: Schedule a paid telephone informational session to discuss your LA county residential eviction matter.
- Additional blog article on the LA county eviction moratorium extension.
- Follow on Facebook
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- Bookmark this Blog
- Learn about our eviction law practice.
- LA County Eviction Moratorium Website
- Read the new law.
- LA Times Article
* 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.
