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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