The Los Angeles County eviction moratorium went into effect in March 2020. In its original form the moratorium protected all residential and commercial tenants from “no fault” evictions, certain “at fault” evictions, and those based on non-payment of rent where the tenant showed the non-payment was the result of a Covid 19 related hardship. The current version of the moratorium includes multiple phases which have gradually decreased the scope of the protections over time. The most recent phase commenced on June 1, 2022. Here is a summary of the current protections afforded by the resolution.
Moratorium Coverage
All qualifying residential tenants are covered until December 31, 2022. That includes tenants in single family homes, mobile homes, and condos. Commercial tenants are no longer covered, as their protections expired at the end of January 2022. The resolution covers all unincorporated areas in Los Angeles County, and all cities in the county with less strict eviction rules.
Non-Payment Of Rent Evictions
Under the current phase of the moratorium (June 1, 2022 -December 31, 2022), nonpayment of rent protection applies only to residential tenants whose household income is at 80 percent Area Median Income or below and who are unable to pay rent incurred from June 1, 2022, through December 31, 2022 due to a Covid-Related Hardship. Tenants must provide notice to the Landlord to this effect and self-certify their income level and financial hardship within 7 days of the date rent became due. The landlord must accept a tenant’s self-certification of income and/or financial hardship, and cannot ask for proof/evidence but must take the tenant at their word.
There are no further protections related to non-payment of rent for tenants whose household incomes are above the 80 percent Area Median Income.
No Fault Eviction Protections
No-Fault evictions protections remain in effect under this phase of the Resolution. Accordingly, between June 1, 2022, and December 31, 2022, a Tenant cannot be evicted where grounds for terminating the tenancy or occupancy is not based on any alleged fault by the Tenant. No-Fault termination of tenancy or occupancy includes the landlord’s intent to demolish or to substantially remodel the real property.
Owner Move Ins
The moratorium includes detailed provisions on owner move-in evictions. Some of the requirements previously in existence were dropped as of June 1, 2022, but many other requirements for owner move-ins will remain throughout Phase II.
For example, a landlord may only terminate a tenancy based on owner move-in if the landlord/family member is “similarly situated” to the tenant. The landlord must also provide the tenant with a 60-day notice to terminate tenancy and must also provide notice to Los Angeles County. The landlord/family member must move into the property within 60 days of the tenant vacating the unit and must live in the unit for at least 36 consecutive months. The limitations on owner move-ins collectively make it very difficult to evict on that ground.
Nuisance or Unauthorized Occupants or Pets
A residential tenant cannot be evicted for nuisance or for having unauthorized occupants or pets whose presence is necessitated by or related to the COVID-19 emergency.
Other Grounds For Eviction
Residential tenants can still be evicted for reasons not covered by the ordinance, including breaking the lease, using the premises for an illegal activity, causing substantial damage to the property, or denying entry to the landlord.
Please contact Lynx Legal Service with any questions regarding the above. We can be reached at 888-441-2355 or [email protected]. Our experienced professionals are standing by to answer any inquiries you may have or if you are ready to start a case.