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LA County Extends Local Law Forbidding Landlords From Evicting Renters

LA County Extends Local Law Forbidding Landlords From Evicting Renters

The COVID-19 pandemic brought unprecedented changes to how everyone lives. These changes affected some people’s ability to work and pay for their living expenses. California enacted measures early on to protect renters from evictions during the pandemic to prevent further disruptions.

While this move helped tenants maintain housing during the crisis, it also hurt landlords. It restricted their ability to file and prove unlawful detainers and cost them income from their rental properties.

What is the California Eviction Moratorium?

Due to the economic hardships many tenants face due to the ongoing COVID-19 pandemic, government officials in California took action to protect them from eviction.

Los Angeles County’s COVID-19 Tenant Protections Resolution implemented an eviction moratorium to protect tenants experiencing financial distress from the pandemic.

The resolution prevents landlords from evicting residential or commercial tenants who fail to pay rent due to COVID-19 related problems. It also freezes no-fault evictions and allows tenants to deny their landlords entry for COVID-19 reasons. The eviction moratorium in Los Angeles County was passed later on during the pandemic but is retroactive to March 4, 2020.

Between March 4, 2020, and September 30, 2021, tenants were protected from eviction if they failed to pay rent due to COVID-19 related economic hardship. This includes job loss, reduced income or hours worked, or medical costs if any tenants have COVID-19.

As of October 1, 2021, landlords who wanted to evict their tenants for non-payment of rent first had to apply for rental assistance, which offers tenants some protection from eviction.

Despite the eviction moratorium, tenants must pay back rent to their landlord within 12 months of the emergency moratorium’s expiration. Landlords are not permitted to charge late fees or interest on the back rent. The eviction moratorium was set to expire on January 31, 2022. Before it could expire, local officials extended the protections.

How Long is the Eviction Moratorium in Los Angeles Extended for?

On January 25, 2022, the Los Angeles County Board of Supervisors voted to extend the current eviction moratorium through the end of the year. Tenants are protected from evictions based on COVID-19 related non-payments until 2023, but other protections from the original resolution will gradually phase out in 2022. The extension also freezes rent hikes in unincorporated areas within the county.

The provision that allows tenants protection from eviction if they apply for rent relief expires March 31, 2022. Instead of extending this provision, the County Board voted to reinstate the stronger eviction moratorium previously in place. As of April 1, 2022, more tenant protections will prevent eviction against non-payment.

What Happens to Landlords During Eviction Moratorium?

Tenants are not the only ones suffering financial hardship due to the pandemic. When tenants fail to pay rent, landlords lose their own income source. Rental property income helps landlords pay for mortgages and property taxes, maintenance for the property, and help pay their private bills. Rent freezes also prevent landlords from raising the rent to meet the rising costs due to inflation.

While more eviction protections exist for tenants, the eviction moratorium doesn’t prevent landlords from filing unlawful detainers. There are more restrictions in place, and landlords may face a more challenging defense from the tenant, especially if COVID-19 circumstances are involved. Eviction regulations may vary based on local ordinances.

Currently, landlords can’t evict tenants for having unauthorized occupants or pets if their presence is related to COVID-19. They’re also restricted from evicting tenants due to nuisance issues that result from the pandemic. Landlords also cannot evict tenants for no-fault reasons. These include situations where the tenant is not misbehaving, but the landlord wants the property back for other reasons, such as:

  • A relative of the landlord moving into the property
  • Government ordinance requiring the tenant to vacate the property
  • Extensive renovations or repairs that require tenants to vacate

When serving their tenant notice, landlords who wish to file an unlawful detainer must include the COVID-19 Renter Protections Fact Sheet. This applies to notices of pay rent or quit, perform covenant or quit, to terminate a residential tenancy, and any other eviction notice served during the moratorium.

Is the eviction moratorium unfair to landlords?

Landlords may feel like the eviction moratorium has mistreated them. They face more restrictions that could prevent them from taking action. With the current laws, it may be easier for tenants to defend themselves against eviction notices. All landlords face financial pressure from residential and commercial tenants who can’t pay rent.

The eviction moratorium may hit small-scale landlords harder, as they have fewer properties to help make up for losses they accrue. Larger real estate investors and developers can better absorb the financial loss.

Landlords who use rental income to support their livelihood are most negatively affected because they may no longer be able to pay their own expenses. Rent relief programs were created to help alleviate this problem.

Do landlords get paid during the eviction moratorium?

Yes, landlords will still get paid by tenants during the eviction moratorium unless specific qualifications are met. If tenants can pay rent, they are obligated to make rental payments on time during the moratorium. Tenants who cannot pay their rent on time due to COVID-19 related issues have to inform their landlord within seven days of the rent due date.

Tenants who could not pay rent during the eviction moratorium also have an obligation to pay back rent once the moratorium expires. California AB 3088 requires that tenants pay all the rent they owe to their landlords one year from when the state of emergency and moratorium is lifted. Tenants must also agree to a repayment plan of their unpaid rent with their landlord.

Getting Legal Help With Unlawful Detainer

Even with the eviction moratorium extending through 2022, landlords can file unlawful detainers to evict their tenants. The process is more challenging with the current regulations, giving the defendant a stronger argument. This is why landlords must hire an attorney if they plan to file an unlawful detainer.

Landlords should consider Marinaccio Law for assistance in Southern California. We value our clients and provide individual attention so you can achieve your goals. Our attorneys are experienced in working with landlords and eviction moratorium regulations. We understand how to develop a legal strategy to improve odds in your favor. Contact us for a consultation of your case.

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