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What this means is that during Phase I, a landlord is still not allowed to enter the rental unit except in the very limited reasons stated above and cannot use the denial of entry as grounds for an eviction. At the beginning of Phase II, however, a landlord can evict if the tenant denies the landlord lawful entry.
TENANT SELF-CERTIFICATION
Earlier in this article, the landlord must accept a tenant’s self-certification of income and/or financial hardship. This bears repeating...the landlord cannot ask for proof/evidence but must take the tenant at their word if the tenant says that their income is 80% or below the AMI and/or says that they can’t pay due to financial impacts related to COVI􏰀-1􏰁.
REPAYMENT OF MONEY OWED TO LANDLORD
What happens to all the money owed to the landlord if the tenant stops paying rent or other financial obligations? A residential tenant who fails to pay rent incurred from April 1, 2022, through May 31, 2022, has until May 31, 2023, to repay the debt, unless extended by Los Angeles County. Yes, you heard that correctly. May of 2023! But it doesn’t end there. If the tenant’s self-certification says they are at or below 80% of the AMI and therefore are protected during Phase II and III, the tenant will have 12 months after that time to repay the debt, unless extended by Los Angeles County.
RENT INCREASES FROZEN
Rent increases in unincorporated parts of Los Angeles County continue to be prohibited through December 31, 2022. For properties that are outside of the unincorporated areas, landlords must look to see if there are any other local restrictions on rent increases. If there are no other local restrictions, the rent can be raised, subject to any state or other laws, and with proper notice.
OTHER ASPECTS OF THE LOS ANGELES COUNTY EVICTION MORATORIUM
The landlord and the tenant can come to a payment plan arrangement. Effective April 1, 2022, a tenant’s inability to pay back unpaid rent under the terms of a payment plan, or at the end of the repayment period, cannot be used as grounds for an eviction. Further, a landlord is prohibited from applying a payment to any rental debt other than to the prospective month’s rent, unless the tenant agrees otherwise, in writing. Pass-throughs and other fees are prohibited.
HARASSMENT AND RETALIATION
Strict prohibitions against tenant harassment and retaliation remain. Interestingly, there are no reciprocal protections to protect landlords whose tenants harass or retaliate against the landlord.
REMEDIES
For landlords who violate the Los Angeles County eviction moratorium, tenants or any other person or entity acting on behalf of the tenant, can bring a case against the landlord. Civil liability can be up to $5,000 per violation for each day that the violation continues and if the tenant is 65 years old or older, the court may award an additional penalty of up to $5,000 per violation per day. Landlords can also be charged criminally. The eviction moratorium of Los Angeles County can also be raised as an affirmative defense in an eviction case.
MORE RENTER PROTECTIONS TO COME?
The “temporary” eviction protections in the extension of the Los Angeles County eviction moratorium discussed in this article may not be the end of extra renter protections. The following language appears in the Los Angeles County eviction moratorium documentation:
“As we implement this phase-out plan, the County should simultaneously examine our existing permanent protections to determine whether changes and/or additions should be made based on lessons learned over the past two years. Additionally, many incorporated cities that do not have permanent protections and that have relied on the County’s emergency COVI􏰀-1􏰁 protections have expressed interest in adopting their own. The County should also explore opportunities to share these lessons learned and provide guidance and technical assistance to interested incorporated cities within the County.”
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.
APARTMENT MANAGEMENT MAGAZINE - MARCH 2022
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