Can You Evict a Tenant in California During COVID-19?

 

During these unprecedented times, and more so than ever before in modern history, the ability of a landlord to evict a tenant in the State of California is under siege. Even prior to COVID-19, California passed statewide rent control and imposed limits on rent increases under AB1482, which took effect on January 1, 2020, with limited exceptions. Now, with COVID-19, the State of California and many local jurisdictions have taken eviction restrictions to entirely new levels. The government is taking swift action to protect renters, while doing little to nothing to help landlords. This article is an update to a previous article that was published on March 19, 2020, called “Covid-19 and Evictions in California,” and offers an update into California evictions during COVID-19, with a particular emphasis on Los Angeles City, Los Angeles County, and Santa Clarita. Note that the laws continue to change rapidly, so landlords should consult legal counsel prior to taking any action, as these laws are subject to continual change. No legal advice is hereby given.

California Eviction Moratorium

Misconceptions abound with respect to the current status of evictions statewide and in many local jurisdictions. On April 6, 2020, the Judicial Council of California in effect banned almost all evictions from moving forward (more on that below).

On March 27, 2020, Governor Newsom signed Executive Order N-37-20 [PDF], which placed certain restrictions on evictions, but did not place a blanket eviction moratorium on all evictions.

Highlights of the Order include:

  • An extension of time for defendants (tenants) to respond to an unlawful detainer complaint. Under the Order, tenants shall have 60 days after being served with an eviction complaint that is based on non-payment of rent, to respond to the complaint, so long as the tenant satisfies the following:
  • 1. The tenant previously paid rent to the landlord.
  • 2. The tenant notifies the landlord in writing before the rent is due, or within 7 days after the rent is due, that the tenant needs to delay all or some payment of rent because of an inability to pay the full amount due to reasons related to COVID-19.
  • 3. The tenant must retain verifiable documentation to support their claim that they are unable to pay due to COVID-19. The documentation should be provided to the landlord no later than the time when the past-due rent is due.
  • The tenant is ultimately responsible for paying rent.
  • The sheriff is not permitted to execute on a Writ of Possession while the Order is in effect, so long as the eviction was due to non-payment of rent and the tenant satisfies the notice requirements discussed above. Nothing in the Order prohibits the sheriff from executing on a Writ of Possession when the eviction did not pertain to non-payment of rent, or when the tenant failed to notify the landlord that the tenant didn’t pay due to an issue related to COVID-19.
  • Nothing in the Order prohibits a landlord from initiating an unlawful detainer action against a tenant.
  • If an eviction is based on any other reason, including no-fault evictions, the eviction can move forward now.
  • The Order is in effect until May 31, 2020.

Update 4/7/2020: On April 6, 2020, the Judicial Council of California adopted a temporary emergency rule [PDF] that halts most evictions in California during the emergency period, and for a period of 90 days after the emergency period ends. Under the new rule, a court may not issue a summons on a complaint (initiate an eviction case), nor can the court enter a default or default judgment against a tenant in most cases, and the court will extend trial dates in eviction cases. There are exceptions to these rules only for public health and safety reasons. Essentially, this new rule by the Judicial Council of California means almost all evictions are banned in California during the COVID-19 emergency. More on this new temporary rule banning evictions in California can be found here.

Update 6/1/2020: On May 29, 2020, the CA Governor signed an executive order (N-66-20) that extends the protections found in N-28-20 paragraphs 1 and 2 relating to evictions for an additional 60 days (through July 28, 2020). Read the executive order here [PDF]. N-28-20 can be read here [PDF]. Essentially, N-28-20 gave local governments the authority to impose substantive limitations on residential and commercial evictions when the reason for the eviction is non-payment of rent that is related to COVID-19.

Update 7/1/2020: On June 30, 2020, the CA Governor signed yet another extension, giving local governments continued authority to enact substantial limitations on evictions. The new extension now lasts through September 30, 2020. More information here.

Update 7/25/2020: The Judicial Council must be feeling the pressure over their April 6, 2020 emergency rules banning most evictions. They were sued over this likely unconstitutional rule. The Judicial Council is considering rescinding their ban as early as August 14, 2020. More information here.

Update 8/13/2020: Some good news for landlords! Judicial Council Votes to End Temporary Emergency Rules on Evictions, Foreclosures Sept. 1. More information here.

Update 9/2/2020: California passed AB 3088, the COVID-19 Tenant Relief Act of 2020.

City of Los Angeles Eviction Moratorium

In an Order [PDF] dated March 15, 2020, Garcetti ordered that “no landlord shall evict a residential tenant in the City of Los Angeles during this local emergency period if the tenant is able to show an inability to pay rent due to circumstances related to the COVID-19 pandemic.” The Order gave impacted tenants up to six months following the expiration of the order to repay the past-due rent.

Then, in an Order [PDF] dated March 17, 2020, Mr. Garcetti broadened his eviction moratorium to include commercial tenancies “if the tenant is able to show an inability to pay rent due to circumstances related to the COVID-19 pandemic.” The rent must ultimately be paid to the landlord, and the tenant would have up to three months following the expiration of the order to repay the past-due rent.

On March 23, 2020, Los Angeles Mayor Eric Garcetti issued an Order [PDF] that is in effect immediately until April 19, 2020. The Order states that tenants living within the City of LA may not be evicted during the emergency period if the eviction is a “no-fault eviction” and any member of the household is ill, in isolation, or under quarantine. The Order is retroactive to March 4, 2020. The Order makes clear that the tenant is still responsible for ultimately paying rent. The Order also prohibits Ellis Act evictions while the order is in effect and until 60 days after expiration of the Order.

On March 27, 2020, the Los Angeles City Council is seeking to go further than the Mayor, with an ordinance [PDF] that would be retroactive to March 4, 2020. The ordinance would prohibit landlords from evicting residential tenants for non-payment if the tenant is unable to pay rent due to COVID-19. While tenants are still responsible for ultimately paying the past-due rent, they would have up to twelve months (1 year!) following the expiration of the emergency period to repay past-due rent. The city ordinance would also outlaw no-fault evictions during the emergency period. Further, landlords would be unable to evict a tenant during the emergency period for the at-fault reason of allowing unauthorized occupants, pets, or nuisances related to COVID-19. Owners would be unable to charge interest or a late fee, and landlords would be required to give written notice of these protections to the tenant within 30 days of its effective date. The ordinance would also prohibit commercial evictions, if the reason for the eviction is non-payment of rent and the reason for the non-payment is related to COVID-19. Commercial tenants would need to repay the past-due rent within three months following the expiration of the emergency period. Commercial landlords would also be prohibited from charging interest or a late fee.

On March 30, 2020, Garcetti issued an Order [PDF] that halts rent increases on occupied rental units that are subject to the LA Rent Stabilization Ordinance (RSO). This means, landlords who own properties subject to the RSO are not permitted to raise rents through sixty days after expiration of the emergency period.

Update 3/31/2020: The Mayor signed the new ordinance [PDF] that the City Council discussed on March 27, 2020.

Update 4/22/2020: During their meeting on April 22, 2020, the LA City Council failed to approve additional eviction restrictions and tenant protections, except for agreeing to draft an ordinance freezing rent increases on RSO properties for almost a year. Read more here.

Update 4/30/2020: During their meeting on April 29, 2020, the LA City Council voted to require landlords to use only the tenant notification form provided by HCIDLA. This form provides tenants with a notice of their rights during COVID-19. Additionally, the Council voted to instruct the HCIDLA to mail all residential rental property owners and tenants in HCIDLA’s database of their housing rights and responsibilities during the COVID-19 local emergency period.

Update 5/7/2020: The assault on landlords continues without remission! During their meeting on May 6, 2020, the LA City Council decided to give tenants a private right of action allowing tenants to sue landlords who violate LA’s residential tenant protection ordinance, prohibit landlords from trying to take tenants’ stimulus money, and require landlords to use only the tenant notice form provided by HCIDLA. The Council voted to establish their position to suspend Costa Hawkins. LA also voted to temporarily prohibit rent increases for units subject to the RSO. Read more here.

Update 5/13/2020: The LA City Ordinance 186606 has been posted. Even if landlords have previously given their tenants a notice of tenant rights, the new ordinance requires that landlords give the revised notice to their tenants, which can be downloaded here. This notice will need to be given to all tenants even after the local emergency period expires, for 12 months post-emergency, whenever an owner serves a notice to pay rent or quit, a notice to terminate a residential tenancy, a notice to perform covenant or quit, or any eviction notice. See section 49.99.2(E) of the ordinance. In addition, section 49.99.7 provides the language that gives tenants a private right of action to sue a landlord if a landlord violates the temporary emergency tenant protections. Before a tenant can commence an action against a landlord, the tenant must provide written notice to the owner of the alleged violation and give the owner 15 days to cure the alleged violation.

County of Los Angeles Eviction Moratorium

The county of Los Angeles imposed restrictions on landlords. The county eviction moratorium applies in unincorporated parts of Los Angeles county. If the rental property is located in an unincorporated part of the county, then the county has jurisdiction.

The LA County eviction moratorium is retroactive to March 4, 2020, and remains in effect through May 31, 2020. The text of the moratorium [PDF] orders a “temporary moratorium on evictions for non-payment of rent by residential or commercial tenants impacted by the COVID-19 crisis.” A landlord may not evict a residential or commercial tenant under the order for non-payment of rent or for late charges if the tenant “demonstrates an inability to pay rent and/or related charges” due to COVID-19. The tenant needs to notify the landlord within 7 days after the rent due date, informing the landlord that the tenant is unable to pay. Tenants will have up to six months following the expiration of the order to pay the past-due rent to the landlord. The order encourages both landlords and tenants to work together to establish a payment plan.

In addition to non-payment issues caused by COVID-19, the LA county eviction moratorium prohibits “no-fault” evictions unless the reason for the eviction is due to health and safety reasons.

The California Apartment Association prepared a brochure on the LA County Eviction Moratorium.

Update 4/7/2020: On March 31, 2020, LA County placed a temporary rent freeze on rent stabilized units in the unincorporated parts of LA County. The temporary rent freeze means that owners of multi-family housing properties built before February 1995 in unincorporated Los Angeles County may not increase the rental cost for their tenants until May 31, 2020, unless extended.

Update 4/17/2020: On April 14, 2020, the LA County Board of Supervisors went even further, enhancing the already broad tenant protections during the COVID-19 emergency period. In their ordinance [PDF], the Board of Supervisors decided to 1) include an eviction moratorium for non-payment of space rent for mobilehome owners, 2) expand the eviction restrictions within LA county to include the entire county except for areas that already have their own eviction moratorium, 3) prohibit rent increases for residential units and mobilehome owners, 4) prohibit landlords from charging interest and late fees during the moratorium, 5) extend the repayment period post-moratorium to 12 months instead of the previous 6 months, 6) increase the eviction ban so that a landlord cannot evict due to unauthorized occupants, pets or nuisance related to COVID-19, 7) allow a tenant to self-certify that the reason they cannot pay is due to COVID-19 (instead of requiring the tenant to obtain documentation); 8) prohibit landlords from harassing or intimidating tenants. For more information on these restrictions, this this LA county page.

Update 5/12/2020: The LA County Board of Supervisors decided to extend the eviction moratorium until at least June 30, 2020. The Supervisors will reevaluate every 30 days to decide whether to extend the moratorium further. The Supervisors are investigating whether unpaid rent due to COVID-19 can be classified as consumer debt. For more information, view the Statement of Proceedings [PDF].

Update 6/23/2020: LA county has yet again extended the eviction moratorium. This time, they extended it through July 31, 2020. For more information, see this statement.

Update 7/22/2020: On 7/21/2020, LA County voted to extend the eviction moratorium through September 30, 2020.

Santa Clarita Eviction Moratorium

Nothing yet, but the city of Santa Clarita is considering an eviction moratorium.

Update 3/31/2020: Santa Clarita passed an eviction moratorium that includes non-payment of rent cases where the tenant notifies the landlord within seven days after the rent is due that the reason for the non-payment is due to COVID-19. The moratorium is in effect until May 31, 2020, unless extended. The tenant has up to 6 months after the emergency period to pay the past-due rent to the landlord. The landlord may not impose late fees. Some no-fault evictions are also included. The ordinance applies to both residential and commercial tenants.

Update 5/26/2020: The City Council voted on 5/26/2020 to extend the eviction moratorium through June 30, 2020, and to provide tenants with an extended repayment period of 9 months.

Update 7/16/2020: The City Council voted to extend the Santa Clarita eviction moratorium through August 31, 2020. To learn more, click here.

Other California Locations

Many other cities and counties have already enacted renter protections, or are contemplating enacting renter protections. Before any landlord decides to begin eviction proceedings in any of the locations discussed herein or in any other location throughout California, be sure to consult with legal counsel to receive up-to-date information related to your possible case.

Courts Delay Unlawful Detainer Proceedings

Several courts throughout California are delaying eviction proceedings in light of COVID-19. The Los Angeles Superior Court and the Ventura Superior Court is highlighted below.

  • Los Angeles Superior Court – In a March 17, 2020 General Order [PDF] signed by Presiding Judge Kevin C. Brazile, the court declared March 17, 2020 to April 16, 2020 as a holiday for purposes of computing time under CCP 1167 (five-day period within which defendant must respond to a complaint in unlawful detainer action). Two days later, another General Order dated March 19, 2020 [PDF] was issued. The March 19 order declared that all unlawful detainer (eviction) cases would be continued. Then, another General Order dated March 23, 2020 [PDF] was signed. The March 23 order suspended all unlawful detainer trials until further notice. Update 5/14/2020: Court remains closed for the most part until June 10, 2020. All trials, including unlawful detainer (eviction) trials, will be scheduled for a date after June 22, 2020. The clerk’s office will reopen on June 15. See new court release here. Update 6/13/2020: The court deems June 11, 2020 to July 9, 2020 as holidays for purposes of computing time under CCP 1167. All eviction trials through July 9, 2020 will be rescheduled. See the order here [PDF]. Update 7/13/2020: The court deems July 10, 2020 to August 8, 2020, as holidays. All eviction trials will be rescheduled to sometime after August 8, 2020. Read the order here [PDF]. Update 8/11/2020: The Court deems August 10, 2020 to September 8, 2020, inclusive, a holiday/holidays for purposes of computing time under Code of Civil Procedure section 1167. The Court finds good cause to continue all unlawful detainer trials without a determination pursuant to Code of Civil Procedure section 1170.5(c). The Court plans to set certain Unlawful Detainer non-jury trials, and those non-jury trials in preference cases that can be tried in compliance with social distancing protocols, to commence on or after October 5, 2020. All unlimited and limited Civil jury trials, including Unlawful Detainer trials, scheduled from August 10, 2020 to September 8, 2020, inclusive, are continued until further notice. The parties shall be notified of the continued trial date by the court. All pre-trial dates for trials that are continued pursuant to this paragraph are also continued consistent with the new trial date. Except as noted below, the Court will not set any Civil jury trials to commence before January 2021. Certain Unlawful Detainer jury trials will be set to commence on or after October 5, 2020. Read the order here [PDF]. Update 9/10/2020: The Court deems September 9, 2020 to October 8, 2020, inclusive, a holiday/holidays for purposes of computing time under Code of Civil Procedure 1167. The Court finds good cause the continue all unlawful detainer trials without a determination pursuant to Code of Civil Procedure section 1170.5(c). The Court plans to set certain Unlawful Detainer non-jury trials on or after October 5, 2020. Read the full order here [PDF].
  • Ventura Superior Court – The court will maintain only limited operations through April 17, 2020 [PDF]. The clerks office will remain closed to the public during this time period. In an Amended Administrative Order No. 20.05 dated March 20, 2020 [PDF], all unlawful detainer matters currently on calendar are suspended for 60 days and will be continued by the court. Update 5/12/2020: The court will remain mostly closed through June 9, 2020.

So, Can a Landlord Evict a Tenant During COVID-19?

Probably not (see below update dated 4/7/2020).

Landlords must consult local jurisdictions to see if a more restrictive eviction moratorium is in effect. If there is no local moratorium in effect, then all California landlords will be limited by California’s eviction restrictions, which are currently set to expire on May 31, 2020. Landlords wanting to evict for non-payment of rent should be particularly careful and should place a note on their 3 day notice, informing the tenant to contact the landlord in writing within 7 days if the reason for the non-payment is due to COVID-19. Tenants should obtain and keep good records to prove that the reason for non-payment was due to COVID-19, and should be prepared to provide such proof to the landlord and the court.

Regardless of whether or not a local jurisdiction has enacted a more restrictive moratorium than what the State of California has imposed, landlords will encounter substantial eviction delays and court backlogs during the era of COVID-19.

Update 4/7/2020: On April 6, 2020, the Judicial Council of California banned most evictions from moving forward during the COVID-19 emergency period except for cases dealing with public health or safety.

To be continued…

Every effort has been made to provide accurate information as of March 30, 2020. The eviction laws are changing extremely rapidly. Landlords should not rely solely on the information contained herein and should consult legal counsel before making any decisions on how (and if) to proceed with an eviction. An effort will be made to provide updates to eviction laws on both this California eviction blog and on Twitter, so please bookmark this blog and follow us on Twitter. Landlords seeking a consultation can find more information on the Law Office of David Piotrowski’s contact page. Stay safe everyone!

COVID-19 Landlord Forms

Update 4/8/2020: We have created several forms for landlords to use during COVID-19. View our library of Covid-19 Landlord and Tenant Forms for California.

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COVID-19 and Evictions in California

 

The eviction (unlawful detainer) laws are changing in California, almost on a daily basis. The Law Office of David Piotrowski is still open during these times, however, eviction cases will take longer and there are some restrictions on evictions throughout the state. While we do not offer free consultations related to evictions and how COVID-19 may effect your particular eviction, we are temporarily offering $75 consultations for up to 15 minutes of time on the phone, now through March 31, 2020.

This article will outline some of the temporary measures in effect. You may find the answer to your questions below without having to call us to schedule a consultation. It is important to note that this discussion relates to evictions in Los Angeles County and Ventura county only. While this discussion may apply to other jurisdictions as well, this article focuses on LA and Ventura counties only.

California Evictions

Governor Newsom of California has for the most part left it up to individual local governments to decide whether or not to order an eviction moratorium. If a local government were to enact such an eviction moratorium, the governor stated that the moratorium should only apply if:

i) The eviction is for nonpayment of rent, or a foreclosure, arising out of a substantial decrease in household or business income (including, but not limited to, a substantial decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or a substantial decrease in business income caused by a reduction in opening hours or consumer demand), or substantial out-of-pocket medical expenses, and

ii) The decrease in household or business income or the out-of-pocket medical expenses described in subparagraph (i) was caused by the COVID-19 pandemic, or by any local, state, or federal government response to COVID-19, and is documented.

LA City Eviction Moratorium

The city of Los Angeles is enacting an eviction moratorium. The moratorium will likely be approved as early as next week. The City Council’s proposal would give tenant’s the option to repay their past-due rent over the course of many months. See https://la.curbed.com/2020/3/12/21177048/coronavirus-los-angeles-rent-relief-eviction-ban

Many details are still unknown at this time.

LA County Eviction Moratorium for Unincorporated Areas of LA County

An eviction moratorium will be in place through May 31, 2020 in unincorporated parts of LA county, and the eviction moratorium would be retroactive to March 4. The eviction moratorium is for renters who are unable to pay their rent because they lost work due to COVID-19. Tenants would have up to 6 months to repay missed rent.

Other Local Governments

Many other local governments are also enacting eviction moratoriums.

Government Public Housing Evictions

There is, or soon will be, a moratorium on public housing residents. The moratorium does not apply to housing voucher holders. See https://www.curbed.com/2020/3/18/21185666/coronavirus-foreclosure-eviction-moratorium-trump-hud

Expect Court Delays for Unlawful Detainer Actions

Many courts are severely restricting access and closing for extended periods of time, so you can expect delays to eviction cases for the immediate future.

What Does This Mean?

Eviction cases can still move forward and can still be filed for the most part, even if there is a moratorium, if the reason for the eviction doesn’t have to do with non-payment of rent. If the eviction has to do with non-payment of rent, check local laws to see if a moratorium is in effect. If there is a moratorium in effect, it most likely will be for non-payment of rent cases where the reason for the non-payment of rent has to do with COVID-19. The tenant will still ultimately be responsible for paying the past-due rent over the course of several months. If there is no moratorium in effect, the landlord can proceed with the eviction, even for non-payment of rent. Expect long court delays.

Note that the eviction laws have been changing almost daily recently, and what is stated above today could be out-of-date by tomorrow. Thus, the above information should be used a general information only and not as legal advice. If you would like to discuss your particular case, please reach out to the Law Office of David Piotrowski and we can schedule a 15 minute call for $75.

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Evicting a Tenant in Santa Clarita and Valencia

 

As a landlord, are you having trouble with a tenant in Santa Clarita or one of the surrounding communities? This video discusses common reasons for evicting a tenant in Santa Clarita. Our firm represents landlords only, and we are local.

Santa Clarita Landlord Eviction Attorney

The most common reasons for evicting a tenant in Santa Clarita and Valencia, include:

  1. Non-payment of rent
  2. Violating a term of the rental agreement
  3. Assigning or subleasing
  4. Causing a nuisance or damaging the property

If your Santa Clarita tenant is at-fault by doing any of the above, contact us for information on beginning the eviction process. Landlords needing help with an eviction in the Santa Clarita area can contact theĀ Law Office of David Piotrowski.

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AB1482 Eviction Exemptions

 

This video discusses exemptions to AB1482, commonly known as the Tenant Protection Act of 2019.

As background, AB1482 was brought about by the democratic-controlled California government and was signed by Governor Newsom in October of 2019. AB1482 takes effect on January 1, 2020.

This video outlines exemptions to the AB1482 rules. If your rental property does not fall into an exemption to AB1482, then your property is not exempt from the just-cause eviction requirements under AB1482, and you must have a specific reason for the eviction known as “just-cause.” However, if your rental property falls within an exemption to AB1482, then you do not have to have a just-cause reason for the eviction. If your rental property is already subject to another rent control law, though, such as the Los Angeles Rent Stabilization Ordinance (RSO), then those rules still apply.

Some of the most common exemptions to AB1482 are discussed in this video, and include properties that are less than 15 years old, single family homes that are owned by individuals, duplexes where the owner/landlord lived in one of the units at the beginning of the tenancy and continued to live in the unit throughout the tenancy, and homes in which the owner/landlord shares kitchen or bathroom facilities with the tenant.

If the rental property is not exempt from AB1482 just-cause eviction protections, then just-cause eviction protections take effect when the tenant has resided in the property for 12 months.

We also publish a video on AB1482 and eviction just-cause.

Landlords needing help with an eviction can contact the Law Office of David Piotrowski.

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AB1482 – Overview of the Tenant Protection Act of 2019

 

AB1482, commonly known as the Tenant Protection Act of 2019, takes effect on January 1, 2020, and results in several restrictions on landlords. Unless the rental property is exempt from the restrictions in AB1482, this new law specifies that a California landlord may only evict a tenant if the landlord has just-cause.

This video provides an overview of AB1482, commonly referred to as the Tenant Protection Act of 2019

Just-cause reasons for eviction can be broken-down into “at-fault” and “no-fault” reasons for eviction. If the landlord does not have either an at-fault or a no-fault reason for eviction under AB1482, then the landlord cannot evict the tenant, unless an exception to the law applies.

Landlords needing help with an eviction can contact the Law Office of David Piotrowski.

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