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for 3-day notices to pay rent or quit, landlords will be unable to get a summons on a complaint for unlawful detainer that is based on non-payment of rent unless the landlord takes affirmative action to apply for the government renter assistance program. See Civil Code 1179.11. There will be a new court form incorporating these new rules that will need to be filled out by the landlord and submitted to the court.
The details surrounding these rules are complicated and landlords wanting to learn more are encouraged to schedule a paid informational phone call with us.
LOS ANGELES COUNTY EVICTION MORATORIUM
The Los Angeles County eviction moratorium applies in all unincorporated parts of Los Angeles County, plus cities that do not currently have their own eviction moratorium. The Los Angeles County eviction moratorium was set to expire at the end of September 2021. However, at a meeting of the Los Angeles County Board of Supervisors on September 28, 2021, the Supervisors voted to extend the Los Angeles County eviction moratorium all the way through January 31, 2022.
With respect to non-payment cases, Los Angeles County refers to the state rules.
Under the Los Angeles County eviction moratorium, most no-fault evictions are banned. This means a landlord has no right to terminate a month-to-month tenancy for any type of no-fault reason, with very limited exceptions. You just don’t want to rent the property to the tenant anymore? Too bad. Have other plans for the property, want to sell it, or remodel
it? Too bad. Los Angeles County gives landlords no right to evict for any of these no-fault reasons. One small exception to the no-fault ban is if the reason for the eviction is owner or owner family-member move in, a landlord can evict if certain restrictions are satisfied.
The Los Angeles County eviction moratorium also prohibits evictions based on nuisance or for unauthorized occupants or pets whose presence is necessitated by or related to COVID. A residential tenant protected under the Los Angeles County eviction moratorium can even deny the landlord entry to the property except in very limited cases. It’s almost as if the owner doesn’t own the property anymore but still has the requirements of paying all the taxes, insurance, and under some leases, the utilities, and responding to any needed repairs! It is not a good time to be a landlord in Los Angeles!
For more information on the Los Angeles County eviction moratorium, schedule a paid consultation with us and review the county website.
CITY OF LOS ANGELES EVICTION MORATORIUM
There’s been no change to the City of Los Angeles’ eviction moratorium. Landlords are still severely restricted when it comes to terminating a tenancy in the city of Los Angeles. No-fault evictions are not permitted. The City of Los Angeles eviction moratorium will remain in effect until the Mayor of Los Angeles declares the local emergency period over.
For more information on the City of Los Angeles eviction moratorium, schedule a paid consultation with us and review the city website.
Attorney David Piotrowski has been representing landlords / plaintiffs by filing eviction cases against tenants. He is admitted to practice law in all California courts and the United States District Court for the Central District of California. He is a highly respected eviction attorney and is a frequent referral source for landlords, real estate agents, real estate brokers, and other attorneys. Mr. Piotrowski received a B.A. from UCLA and a J.D. from Southwestern University School of Law. For more information, go to: www.AttorneyDavid.com.
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APARTMENT MANAGEMENT MAGAZINE - NOVEMBER 2021 CS-33