The City of Los Angeles’ eviction protection moratorium expired on January 31, 2023. In response, the Los Angeles City Council recently passed multiple ordinances designed to provide residential City tenants with permanent protections against eviction and rent increases. In addition, protections under the countywide eviction moratorium presently remain in effect until March 31, 2023.
Synopsis of the Just Cause Ordinance
The Ordinance replaces and amends temporary protections in the Los Angeles Municipal Code enacted in 2020 in response to COVID, which expired on January 31, 2023. Among other things, the Ordinance creates a new set of “just cause” eviction regulations limiting the grounds upon which a landlord may evict a tenant. The permitted just cause reasons for eviction include the following:
- Non payment of rent
- Failure to cure a violation of a lawful tenant obligation after receipt of written notice from the landlord.
- The tenant is committing a nuisance,
- The tenant is causing damage to the property.
- The tenant is creating an unreasonable interference with the comfort, safety, or enjoyment of other residents of the rental complex or within a 1,000-foot radius.
- The tenant is using the property for an unlawful purpose.
- The tenant refuses to execute a written extension or renewal of the lease on similar terms;
- The tenant refuses the landlord reasonable access to the property for the purpose of making repairs or improvements, lawful inspections, or showing the property to a prospective purchaser or mortgagee.
- The person in possession of property at the end of a lease term is an unapproved subtenant.
- The property will be used as a primary place of residence by: (1) the landlord; (2) the landlord’s spouse, domestic partner, grandchildren, children, parents, or grandparents; or (3) a resident manager when such person is required to reside upon the premises by law, an affordable housing covenant, or a regulatory agreement.
- The property will be demolished, substantially remodeled, or withdrawn permanently as a rental property.
- The property will be vacated to comply with an order to vacate, comply, or abate, or any other order that necessitates vacating the property.
- The property will be converted to non-residential use.
A landlord cannot evict a tenant solely because he intends to sell the rental unit unless the property is owned by the Federal government.
Covered Properties
The Just Cause Ordinance covers most residential properties in the City of Los Angeles that are not regulated by the City’s Rent Stabilization Ordinance, including single family homes and condominiums. To apply to a tenancy, it requires that the tenant either have lived in the same unit for 6 months or that their initial original lease expired, whichever comes first. There are other specific exceptions to the JCO such as licensed care facilities, landlord roommates, and transient hotels.
Relocation Assistance
Tenant no-fault evictions require the payment of relocation assistance such as owner occupancy, government order, demolition, or withdrawal of the rental property from the rental housing market. The amounts range from a few thousand dollars to over twenty thousand dollars in certain situations.
For single family residences, the relocation assistance amount varies. If the owner of the SFR is a natural person, including natural persons who hold properties in a trust or registered legal entity controlled by a natural person, who owns no more than four dwelling units and a SFR on a separate lot in the City of Los Angeles, the relocation assistance amount is one month’s rent in effect when the landlord served the written termination notice.
Countywide Eviction Moratorium Remains in Effect Through March 31, 2023
The County’s eviction control moratorium remains in effect and covers properties located in the City. The County Tenant Protections include protections against evictions for (1) non-payment of rent owed by low-income tenants between July 1, 2022, and March 31, 2023, due to a documented COVID-19 financial hardship for income[1]qualifying tenants, (2) nuisance, (3) “no-fault” eviction reasons, and (4) unauthorized occupants or pets who began residing in the unit between March 1, 2020, and January 20, 2023. For non-payment of rent protections provided by the Moratorium, renters must notify their landlord of their Covid hardship within 7 days of the rent due date unless extenuating circumstances exist.
Notice to Terminate Tenancy/Eviction Filing
Effective January 27, 2023, any written notice terminating a tenancy for a tenant at-fault legal reason must be filed with the Los Angeles Housing Department within 3 business days of service of the notice on the tenant. All no-fault evictions must be filed with LAHD along with the required fees, and payment of tenant relocation assistance.
Please contact Lynx Legal Service with any questions regarding the above. We can be reached at 888-441-2355 or info@lynxlegal.com. You can also schedule free telephone consultation with us on our website. Our experienced professionals are standing by to answer any inquiries you may have or if you are ready to start a case.