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With the passage of AB 1482 in 2019, various Local Rent Stabilization Ordinances throughout Los Angeles County in 2019 and 2020, a myriad of local urgency ordinances prohibiting evictions during the Covid 19 pandemic and then California’s COVID-19 Tenant Relief Act of 2020 (AB 3088), maneuvering all of the rules and which apply has become a mind bender. Can a Los Angeles tenant be evicted for not paying the rent, for having pets, for subletting, or causing a nuisance? We try to explain below.
This article outlines the newly enacted California eviction rules for California landlords and tenants in the City of Los Angeles and County of Los Angeles in the Covid-19 era for non rent-controlled properties built within the past 15 years, rent controlled properties in the unincorporated areas of Los Angeles County (e.g. Marina Del Rey), and for properties in the cities within Los Angeles County (e.g. City of Los Angeles, City of Beverly Hills, City of West Hollywood, City of Burbank, City of Pasadena, City of Inglewood, and Culver City). This article will explain how California landlords and tenants in the greater Los Angeles area should handle situations involving: (i) back owed unpaid rent (ii) potential evictions for just cause such as unpaid rent, nuisance, waste and criminal acts, failure to allow lawful entry and (iii) potential no fault evictions for such things as owner-family move-in, sale of the rental property, Ellis Act removals, and substantial remodel.
Have some questions? We are currently offering a same day low cost telephone consultation for just $159 (Advanced Payment by credit card is Required). To schedule a $159* telephone consultation, click here, and Ms. Marsh will contact you at the time you select. Please note that a 30 minute consultation is required for Ms. marsh to properly review your options pertaining to a Covid 19 Eviction due to the interplay of local, county, state and federal laws.
AB 3088 - COVID-19 Tenant Relief Act of 2020 Enacted on August 31, 2020. is commonly known as the COVID-19 Tenant Relief Act of 2020 (AB 3088). It requires ALL California residential landlords with covered properties to serve a specific notice and blank tenant declaration on each tenant that has failed to pay their rent in full for any month between March 1, 2020 and August 31, 2020. A separate specific notice and blank tenant declaration must be served on each tenant that has failed to pay their rent in full for any month between September 1, 2020 and January 31, 2021. AB 3088 also provides that local eviction moratorium ordinances set to expire before January 31, 2021, can remain in place until the end of their term, but cannot be extended or renewed before February 1, 2021.1. AB 3088 Effective Date. AB 3088 became effective immediately upon Governor Gavin Newsome signing the legislation on August 31, 2020.
2. AB 3088 Time Period. AB 3088 amends the laws regarding Covid-19 related evictions for unpaid rent from March 1, 2020 through January 31, 2021.
3. Required Notice for Unpaid COVID-19 Rental Debt.
All California residential landlords subject to AB3088 are now required to serve their tenants with a specific Notice and blank Tenant Declaration of COVID-19-Related Financial Distress on each residential tenant that has failed to pay their rent in full for any month between March 1, 2020 and August 31, 2020. The Notice and a blank Tenant Declaration must be served on or before September 30, 2020.
4. New Requirements for California Eviction Notices Demanding COVID-19 Rental Debt.
Notices to Pay Rent that demand unpaid residential monthly rent that accrued between March 1, 2020 and January 31, 2021 (COVID-19 rental debt) must comply with AB 3088 new requirements and some local jurisdictional requirements which will be detailed later. A new statutorily required 15 Day Notice to Pay Rent (formerly a 3 day notice to pay rent) which does not count weekends or court holidays must include: (a) the tenant(s) full name and address; (b) a statement that sets forth the date each rent payment was due, the amount of rent that was due for each month, and the amount of rent demanded; (c) a statement setting forth the various methods by which the tenant(s) can either remit payment of the back owed rent, or sign and return Tenant Declaration of COVID-19-Related Financial Distress; (d) various additional clauses required under other state laws and local rent or eviction control ordinances which vary depending on the city and county in which the rental property is located; and (e) attached to the 15 Day Notice to Pay Rent must be a blank Tenant Declaration of COVID-19-Related Financial Distress.
The statutory language that must be included in almost ALL residential 15 Day Notices to Pay Rent differs depending on whether the landlord is seeking unpaid rent for March 1, 2020 through August 31, 2020 (protected time period) or for September 1, 2020 through December 31, 2020 (transition time period). Yes different language is required, which means a landlord CANNOT use just one 15 Day Notice to Pay Rent to collect rent owed from March 1, 2020 through August 30, 2020 and September 1, 2020 through January 31, 2021. If a California landlord is seeking unpaid COVID-19 residential rental debt for both the protected time period (March 1, 2020-August 31, 2020) and the transition time period (September 1, 2020 and January 31, 2021), the landlord must serve two separate 15 Day Notices To Pay Rent Or Quit – one for each time period.
Small Claims Court. Beginning March 1, 2021, AB 3088 confers jurisdiction on the Small Claims Court for Covid 19 related unpaid rent which has accrued between March 1, 2020 and August 31, 2020. Although the traditional Small Claims Court limit is $10,000, this has become infinity for unpaid Covid 19 debt.
5. Effect of Tenant Delivering Declaration of COVID-19-Related Financial Distress.
If a tenant returns a signed declaration of COVID-19-related financial distress to the landlord before expiration of a 15-Day Notice to Pay Rent or Quit or 15-Day Notice to Perform Covenant or Quit, then the following applies: (a) if the notice demanded for rent for the Protected Time Period, the tenant is deemed not to be in default for that rent; and (b) if the 15 day notice demanded rent for the Transition Time Period, the tenant is deemed not to be in default for that rent if, on or before January 31, 2021, the tenant tenders an amount equal to or not less than 25% of the rent demanded in the 15 day notice (subject to the additional requirements for High Income Tenants). A tenant may file a declaration with the court on or before the time to respond to the unlawful detainer action, if the tenant establishes that the failure to timely submit a declaration was due to mistake, inadvertence, surprise or excusable neglect.
6. Special Rules for Handling High Income Tenants – Income Exceeds $100,000.
In addition to the requirements set forth above in paragraph 5, a California landlord may require a high-income tenant subject to AB 3088 to provide, in addition to and together with a Tenant Declaration of COVID-19-Related Financial Distress, documentation supporting the claim that the tenant has suffered COVID-19-related financial distress. "High-income tenant" is defined as a tenant with an annual household income of 130 percent of the median income for the county in which the residential rental property is located, but not less than $100,000. This rule applies only if the landlord has proof of income (e.g. rental application signed by the tenant, employee pay stubs, bank or other financial statements) in the landlord's possession before the service of the notice showing that the tenant is a high-income tenant and the notice includes special language required by AB 3088. Please note that tenants in the City of Los Angeles are not required to provide supporting documentation under the local eviction moratorium ordinance.
7. Repayment of Back Owed Rent.
If a local eviction moratorium provides for repayment of back due rent to begin after March 1, 2021, or ties repayment to the end of the state of emergency or local emergency, that repayment period is required to start on or before March 1, 2021 and end by March 31, 2022. If a local eviction moratorium provides for repayment of back due rent to begin before March 1, 2021, AB 3088 prohibits its extension.
8. CDC Federal Eviction Moratorium.
On September 4, 2020, The Centers for Disease Control (CDC), issued an additional eviction moratorium (which expires on December 31, 2020). The CDC Eviction moratorium covers renters who earn less than $99,000 a year, received a stimulus check under the CARES Act, or was not required to report any income in 2019 to the IRS, and are "likely to become homeless or live in close quarters" if evicted.
In most situations the CDC's order will not apply as California state law and local laws often provide more protections. However, the CDC Eviction Moratorium may be applicable to stop an eviction based on owner occupancy, or Ellis Act removal of the property from the rental market (where not prohibited by local law). The CDC order does NOT prohibit evictions based on: (1) criminal activity, (2) threatening the health or safety of other residents, (3) damaging or posing an immediate and significant risk of damage to property; (4) violating a building code, health ordinance, or similar law regulating health and safety; (5) violating any other lease obligations other than non-payment of rent.
To be protected under the CDC’s Order, the tenant must provide their landlord with an executed copy of the CDC Declaration Form provided by the CDC or a similar declaration under penalty of perjury. Each adult listed on the lease or housing contract should complete and provide the declaration.
The CDC Declaration must attest to the following facts:
9. AB 3088 Temporarily Extends Just Cause Requirements For Eviction To Most (But Not All) Residential Properties.
AB 1482, also known as the Tenant Protection Act of 2019, prohibits, until January 1, 2030, the owner of a "covered" residential property from terminating a tenancy without just cause for tenants that have continuously and lawfully occupied the unit, as specified in California Civil Code Section 1946.2.
What is a Covered Rental Property? AB 1482 applies to ALL California residential properties except:
AB 1482 Required Written Notice.
California landlords are REQUIRED to provide all tenants in residential units covered by AB 1482 a written notice explaining the tenant "just cause" and rent cap protections. For a tenancy existing before July 1, 2020, the written notice must be provided to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement. For any tenancy that began or was renewed on or after July 1, 2020, the written notice must be provided as an addendum to the lease or rental agreement, or as a written notice signed by the tenant with a copy provided to the tenant. The notice language must state:
"California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information."
Similarly, an owner claiming a rental property is exempt from the just cause requirements of AB 1482 because the property is a single-family home, townhome, or condominium must provide a written notice to the tenant. For a tenancy existing before July 1, 2020, this notice may, but is not required to, be provided in the rental agreement. For any tenancy commenced or renewed on or after July 1, 2020, this notice must be provided in the rental agreement. If the owner does not provide the required notice, then a single-family home or condominium is NOT exempt from AB 1482's "just cause" eviction requirements or rent cap limits. The notice language must read in at least 12-point type:
"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."
10. California AB 1482 Just Cause Tenant Eviction Protections Extended Through February 1, 2021.
Until February 1, 2021, California landlords must give tenants in a covered rental property a just cause, or no-fault just cause, reason outlined in AB 1482 to evict a California tenant (unless further restricted by a local eviction moratorium).
Allowable At-Fault Reasons (Just Cause) for Eviction include:
11. Local Eviction Moratorium Ordinances in Los Angeles County. At the local level, many local cities within Los Angeles County, Orange County and Ventura County have enacted temporary Covid-19 "Eviction Moratoriums" due to the COVID-19 pandemic. Each of these orders provide an extension on the due date for unpaid rent for tenants who have been financially impacted by COVID-19, and in most cases these local ordinances temporarily ban most (and in some cases almost all) residential evictions before January 31, 2021. Below is a chart with links to the applicable local ordinances.
Have some questions? We are currently offering a same day low cost telephone consultation for just $159 (Advanced Payment by credit card is Required). To schedule a $159* telephone consultation, click here, and Ms. Marsh will contact you at the time you select. Please note that a 30 minute consultation is required for Ms. marsh to properly review your options pertaining to a Covid 19 Eviction due to the interplay of local, county, state and federal laws.
City/County | Covid 19 Eviction Moratorium | Ordinance |
---|---|---|
Beverly Hills | Prohibits all residential no fault evictions (including Ellis Act Evictions) and evictions for nonpayment of rent if the tenant provides the landlord a written Tenant Declaration of Covid-19 Related Financial Hardship. Evictions to protect the health and safety of tenants, neighbors, or landlord may proceed. (Per AB 3088 the repayment period for residential tenants must start on or before March 1, 2021 and end by March 31, 2022). Tenants must repay unpaid back owed rent within 12 months of the emergency's expiration, and landlords cannot charge late or collection fees. Prohibits all no fault commercial evictions and evictions for non-payment of rent if the tenant provides the landlord a written Tenant Declaration of Covid-19 Related Financial Hardship within 30 days after rent is due and documents their inability to pay. Commercial businesses employing 100+ employees, with gross income exceeding $15 million, or with business operations in 3+ countries are no longer protected. | Beverly Hills Ordinance No 20-0-2805 effective 3/17/20 through the duration of the local emergency. |
Burbank | Prohibits all No Fault Residential and Commercial Evictions for tenants who provide the landlord a written Tenant Declaration of Covid-19 Related Financial Hardship within 7 days after rent is due, and provide supporting documentation within 30 days thereafter. Tenants will have up to 6 months post-moratorium to repay any back rent. | Burbank Ordinance No. 20-3,934 effective 7/28/20 through 9/30/20. |
Culver City | Prohibits all residential evictions unless necessary to protect the health and safety of the tenants, neighbors, landlord or the landlord's employees. Also prohibits all no fault commercial evictions if the commercial tenant provides the landlord with a written Tenant Declaration of Covid-19 Related Financial Hardship within 30 days of when rent is due and provides supporting documentation. Tenants have up to 12 months post-emergency to repay any back rent. As of June 2020, multi-national corporations, publicly traded companies and companies with 200+ employees may be evicted. | Culver City Public Orders effective 3/16/20 through the duration of the local emergency. |
Glendale | Prohibits all no fault residential evictions (including Section 8) and for non payment of rent for residential tenants who provide the landlord with a written Tenant Declaration of Covid-19 Related Financial Hardship within 7 days after rent is due and provide supporting documentation. Also prohibits rent increases on units subject to rent control. Residential tenants will have up to 12 months post-emergency to repay any back rent. (Per AB 3088, the repayment period must start on or before 3/1/21 and end by 3/31/22). Also prohibits all commercial evictions for non payment of rent through June 30, 2020 if the commercial tenant provides the landlord with a written Tenant Declaration of Covid-19 Related Financial Hardship. | Glendale Public Order No. 2020-03 and Resolution No. 20-61 extending the moratorium and limiting the commercial moratorium to certain types of businesses. |
Inglewood | Prohibits all no fault residential evictions (including Ellis Act) through May 31, 2020 and for tenants who provide the landlord with a written Tenant Declaration of Covid-19 Related Financial Hardship. Tenants have 6 months from termination of local or state emergency to pay back owed rent. Extended through 9/30/2020. | 3-24-2020 Executive Order No. 20-01. Executive Order No. prohibiting no fault evictions. Executive Order No. 20-08 |
Long Beach | Prohibits all no fault residential and commercial evictions (excluding multinational and publicly traded companies, and employers with 500 or more employees) if the tenant provides the landlord with a written Tenant Declaration of Covid-19 Related Financial Hardship and documents their inability to pay. Tenants have until July 31, 2021 to repay back owed rent. Extended through 9/30/2020. | Long Beach Municipal Code Chapter 8.100 - extended through 9/30/20. |
Unincorporated Los Angeles County | Prohibits all no-fault residential evictions (including mobile homes), evictions for the presence of COVID-19 related unauthorized pets, occupants or nuisance activities, and all residential and commercial evictions for tenants who provide the landlord with a written Tenant Declaration of Covid-19 Related Financial Hardship within 7 days of the due date, but tenants are not required to document their inability to pay. Moratorium applies to all cities within LA County that do not have greater restrictions on evictions. | Resolution of the Board of Supervisors Amending and Restating Executive Order. extended through 11/30/2020 |
City of Los Angeles | Prohibits all residential evictions for: (1) COVID-19 related non-payment of rent during the local emergency and for 12 months thereafter; (2) all No-fault evictions during emergency period; (3) Unauthorized occupants, pets or COVID-related nuisance activities during emergency period; (4) owner / family move-in and (5) "Ellis Act" removal from market until 60 days after the termination of the local emergency. Landlords must provide their tenant with written notice of the ordinance, and tenants have 12 months to repay. (Per AB 3088 the repayment period must start on/before 3/1/21 and end by 3/31/22). Also prohibits commercial evictions for non-payment of rent resulting from COVID-19 during the emergency period and for 3 months thereafter. Excludes multi-national and publicly traded companies, and companies with 500+ employees. Commercial tenants have 3 months post-emergency to repay any back rent. Provides a rent freeze on all properties subject to LA's Rent Stabilization Ordinance until 12 months after the local emergency ends. | Los Angeles Ordinance amending Article 14.6 in its entirety and adding "private right of action" allowing tenants to sue landlords who violate eviction protections. |
Pasadena | Prohibits all residential and commercial evictions for tenants who provide the landlord with a written Tenant Declaration of Covid-19 Related Financial Hardship within 30 days of the rent being due and supporting documentation, unless “necessary for the health and safety of the tenants, neighbors or landlord." Tenants must repay unpaid amounts within 6 months of the local emergency's expiration, and landlords cannot charge late or collection fees. (Per AB 3088, the repayment period must start on or before 3/1/21 and end by 3/31/22). | City of Pasadena Uncodified Ordinance. |
South Pasadena | Prohibits all residential and commercial evictions for tenants who provide the landlord with a written Tenant Declaration of Covid-19 Related Financial Hardship. Tenants must document inability to pay, and must repay any back due rent within 6 months. (Per AB 3088, the repayment period must start on/before 3/1/21 and end by 3/31/22). | A Resolution of the City Council of the City of South Pasadena. |
West Hollywood | Prohibits all residential and commercial evictions for tenants who provide the landlord with a written Tenant Declaration of Covid-19 Related Financial Hardship within 30 days after rent is due and document their inability to pay within 90 days. Through January 31, 2021. grounds for eviction are limited in the city of West Hollywood to: (1) Nonpayment of rent NOT due to impacts of COVID-19; (2) Using the unit for an illegal purpose; (3) Creating a dangerous and unsanitary condition; and (4) An imminent and objectively verifiable threat to the health and safety of someone in the tenant’s household or in the property. Landlords cannot charge late or collection fees. Tenants can use their security deposit to pay back owed rent, but must replenish their security deposit. Prohibits rent increases on units subject to West Hollywood Rent Stabilization during the local emergency and for 60 days thereafter. | September 21, 2020 Updated WEHO Eviction Moratorium Ordinance. |
Have some questions? We offer a same day low cost telephone consultation with advanced Payment by credit card. To schedule a 30 minute telephone consultation, click here, and Ms. Marsh will contact you at the time you select. Please note that a 30 minute consultation is required for Ms. marsh to properly review your options pertaining to a Covid 19 Eviction due to the interplay of local, county, state and federal laws.
Melissa Marsh appeared on CBS 2 On Your Side with Kristine Lazar in June 2020 to Discuss Removing an Unwanted Tenant From your Home During Covid 19.
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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.