On September 28, 2021, the LA County Board of Supervisors passed the County Tenant Protection Resolution. This Resolution applies to all rental properties in LA County except properties located in the City of Los Angeles, which has its own rules concerning non-payment of rent and no-fault eviction notices. The Resolution remains effective through January 2022, unless extended by future resolutions. It continues most of the protections afforded by prior LA County eviction moratoriums. Here is a synopsis of those protections.
No Fault Evictions
Most no-fault evictions are banned by the Resolution. 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. Specifically, the Resolution precludes evictions based on termination of tenancy, substantial remodel, or taking property off rental market.
One exception to the no-fault ban is owner or owner family-member move ins. A landlord can evict to move himself or a family member into the unit if certain requirements are met. Most notably, the landlord must (1) give 60-days’ notice that the landlord or identified family member will be occupying the unit as their principal residence, (2) provide a copy of the notice to the Department of Consumer and Business Affairs with proof of timely service of the residential tenant, (3) reside in the unit for at least 36 months; and (4) pay relocation assistance as required under local laws.
At Fault Evictions
The Los Angeles County eviction moratorium also prohibits certain “at fault” evictions, including nuisance evictions for having unauthorized occupants or pets living at the premises, if their presence is necessitated by or related to COVID.
Non-Payment of Rent Cases
Non-payment of rent cases are no longer addressed in Los Angeles County’s eviction moratorium, but are instead governed by state law. Under State law as of October 1, 2021, tenants who do not pay rent due can be served with a three-day notice to pay rent or quit. Landlords are required to apply for rent relief and wait 20 days for a decision. If relief is denied or the application is not ruled upon within 20 days, the eviction can move forward. Otherwise, the court will not issue a summons on the complaint, meaning the case cannot go forward.
Denial of Entry As Grounds For Termination.
A residential tenant protected under the Los Angeles County eviction moratorium can also deny the landlord entry to the property except in very limited cases. Further, a landlord cannot base an eviction on refusal to provide entry unless the need to enter is based on remedying a condition that substantially endangers or impairs the health and safety of the residential tenant or others in the vicinity of the unit, or if the residential tenant is causing or threatening to cause damage to the rental unit.
To be able to enter on these limited grounds, the landlord cannot permit the entry of any person who they believe is a carrier of COVID-19 and must ensure that appropriate social distancing, cleaning, and sanitation measures are taken to protect the tenant.
Health And Safety Exception
The moratorium does not apply where the eviction concerns the safety or habitability of rental units or where the tenant’s occupancy is otherwise a threat to the public health and safety as determined by the Court.
How Is The Resolution Enforced?
The tenant is obligated to assert any alleged violation of the Resolution as an affirmative defense to an unlawful detainer lawsuit. Plus, to prove the affirmative defense the tenant must establish the circumstances giving rise to the landlord’s attempt to evict are related to a hardship arising from Covid 19.
Please contact Lynx Legal Service with any questions on the above or if you are ready to start a case. We can be reached at 888-441-2355 or [email protected]. Our experienced professionals are standing by to answer any inquiries you may have.