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Prepared By: Melissa C. Marsh, Los Angeles Landlord-Tenant Attorney
Written: May 2022

Los Angeles City and County Tenant Evictions and Rent Increases After May 2022.

CAUTION: The multitude of state, county and local eviction moratoriums and tenant protection ordinances have made this area of law extremely complex and this is only exacerbated by the ever continuously changing laws which for the past three (3) years have been updated, revised and even retroactively applied.

• Phase I of the Los Angeles County Covid 19 Eviction Moratorium Ends May 31, 2022
• Phase II of the Los Angeles County Covid 19 Eviction Moratorium: June 1, 2022 - Dec. 31, 2022
• Phase III of the Los Angeles County Covid-19 eviction moratorium begins January 1, 2023
• AB-2179 California State Covid 19 Eviction Moratorium Extension Ends June 30, 2022
• Additional Local City Moratoriums
• Rent Increases in the City and County of Los Angeles

The Los Angeles County eviction moratorium, which applies to all cities within the County, has been extended until December 31, 2022 with plans for an additional extension through June of 2023. The Los Angeles County Covid 19 Eviction Moratorium as extended is intended to provide a uniform set of minimum standards to protect all tenants (at the expense of small landlords) within Los Angeles County. The Los Angeles County Covid 19 eviction moratorium not only applies to ALL cities within Los Angeles County but to all rentals, including single family homes, condos, townhomes, duplexes, and apartment buildings.

The allegedly "temporary" Los Angeles County Covid 19 eviction moratorium, is about to enter Phase II of III on June, 1, 2022. Yes...the LA County Covid 19 eviction moratorium has been extended again and this time until June of 2023.

That said, landlords with rental properties in Los Angeles County not only have to mindful of the rules below, but also the overlapping state laws ( California Tenant Protection Act of 2019 and AB 2179 which extended the state moratorium on certain evictions for nonpayment of rent), and the myriad of local rent control ordinances, eviction control ordinance, and tenant anti-harassment ordinance enacted throughout the county in Beverly Hills, Culver City, Inglewood, Long Beach, Pasadena, Burbank and others. Maneuvering all of the rules and which apply has become a mind bender and unfortunately they keep changing.

Have some questions? We are currently offering a same day low cost telephone consultation for just $199 (Advanced Payment by credit card is Required). To schedule a $199* same day 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 an Eviction in any City within Los Angeles County due to the interplay of local, county, and state laws.

Phase 1 of the Los Angeles County Covid 19 Eviction Moratorium Ends May 31, 2022.

Until May 31, 2022, a tenant in Los Angeles County may not be evicted for:

• no cause, including but not limited to the owner's desire to remodel, sell or just remove the rental from the rental market under the Ellis Act;
• denying entry to the landlord (except in limited circumstances);
• nuisance, unapproved additional occupants or unapproved additional pets IF related to Covid 19; or
• for non-payment of rent IF the tenant shows an inability to pay due to COVID-19, and the tenant has provided notice to the landlord notice of the tenant's inability to pay.

The tenant's "proof" of inability to pay, however, in Phase I is nothing more than a signed Covid 19 declaration. In addition, under California state law (AB 2179) a California landlord is prohibited from evicting a tenant for unpaid rent due on or before March 31, 2022 if the tenant has a pending application for California rent relief with Housing is Key.

Have some questions? We are currently offering a same day low cost telephone consultation for just $199(Advanced Payment by credit card is Required). To schedule a $199* same day 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 an Eviction in any City within Los Angeles County due to the interplay of local, county, and state laws.

Phase II of the Los Angeles County Covid 19 Eviction Moratorium: June 1, 2022 - Dec. 31, 2022.

Phase II of LA County's Eviction Moratorium begins on June 1, 2022 and continues through December 31, 2022. During Phase II of the Los Angeles County Covid 19 eviction moratorium, a landlord with any rental within Los Angeles County (unincorporated area and every city within the county) will be prohibited from evicting a tenant for: (1) no cause except for owner or family member move-in (discussed below), (2) nuisance, unauthorized occupants, or unauthorized pets IF RELATED TO COVID 19, and (3) non-payment of rent IF the tenant's household income is at or below 80% of the Area Median Income ($65,000 for a single individual). Tenants are still permitted to merely sign a declaration "under penalty of perjury" that their income level is at or below 80% of the AMI and tenants do not need to provide the landlord with any proof. However, if a landlord reasonably believes the tenant is lying about their income, the landlord MAY be able to start an eviction to force the tenant to prove to the Court that the tenant’s annual household income is at or below 80% of AMI in court. Mind you this has not been litigated yet, so the outcome may be dependent on the courthouse, or judge.

Can I Evict a Tenant For Non Payment of Rent in Los Angeles County?

Beginning June 1, 2022 and continuing through December 31, 2022 (Phase II of LA County's Eviction Moratorium), the non-payment protections found in the Los Angeles County Covid 19 eviction moratorium will only protect residential tenants whose household income is at or below 80% of the Area Median Income ($65,000 for a single tenant in Los Angeles County) and who within 7 days of the rent being due self-certifies to their landlord that: (a) their income is at or below 80% of the Area Medium Income and (b) a financial hardship causing their inability to pay rent. If a residential tenant's household income is above 80% of the Area Median Income, the non-payment protections will no longer apply after June 1, 2022 and a landlord may evict the tenant for unpaid rent that became due on or after June 1, 2022 (except in LA City as the original LA City Covid 19 eviction moratorium still remains in effect as of the date this Article was written).

Can I Evict A Tenant For Denying the Landlord Entry to the Rental Unit in Los Angeles County?

Under Phase II of the Los Angeles County Covid 19 eviction moratorium, beginning June 1, 2022 a landlord may evict a tenant for denying the landlord reasonable access to the rental property (denying entry) to inspect and/or to make alterations, or repairs. Under Phase I, a landlord could only evict in the tenant was denying entry for a needed health and/or safety related repair.

Can I Evict A Tenant With Just a 30 Day or 60 Day Notice to Quit in Los Angeles County?

During Phase II of the Los Angeles County Eviction Moratorium which begins on June 1, 2022 and continues through December 31, 2022, most no-fault evictions are prohibited. This means that landlords with rental properties is Los Angeles County and all cities within Los Angeles County are still prohibited from terminating a tenancy to demolish the rental unit, sell the rental unit, renovate the rental unit, or take the rental permanently off the market. The one exception to this no fault eviction freeze is owner or owner family-member move-ins, but there are still onerous limitations.

In Phase II of the Los Angeles County Covid-19 eviction moratorium, only two of the prior requirements for owner occupancy have been removed. The owner intending to occupy the rental no longer has to prove: (1) that they bought the property before June 30, 2021; nor does the owner have to show that (2) tenant has not been financially impacted by COVID 19.

In Phase II of the Los Angeles County Eviction Moratorium, beginning July 1, 2022, an owner may evict a tenant from up to two Single Family Homes, Condos, two units of a Duplex or two units of a Triplex for owner or family member occupancy, if the Owner can meet the following strict requirements:

1. The Owner or their family member must certify that they will occupy the rental unit as their "principal place of residence" for at least 36 months (3 years); AND
2. The Owner must be a natural person (e.g. not a corporation) and possess legal title to at least 50% of the property either outright or as a 50% beneficiary of a trust. If there are three equal owners then none of the three will have a sufficient percentage interest to owner occupy one of the rental units, or the single family home or condominium; AND
3. The Owner or family member seeking to move in must prove they are "similarly situated" to the tenant being displaced. If the tenant is a senior, disabled, terminally ill or low income, the owner or family member seeking to occupy the rental unit must also be a senior, disabled, terminally ill or low income; AND
4. The Owner properly serves the tenant with a formal written sixty (60) day notice to terminate the tenancy for the Owner or Owner's family member to reside in the premises as their principal place of residence AND the Owner provides a copy of the notice and declaration of service to the Department of Consumer and Business Affairs ("DCBA"); AND
5. The Owner must pay the tenant the required Relocation Assistance Fees provided by the city in which the rental unit is located, or if there is none the Relocation Assistance Fees set forth in the Los Angeles County Municipal Code Section 8.52.110; AND
6. The Owner or Owner's family member must actually move into the property within 60 days of the tenant vacating the rental unit and must live in the unit as their primary residence for at least 36 consecutive months.

The above requirements are not detailed, nor exhaustive. Should an Owner decide to move forward with owner occupancy such should not be attempted without the assistance of an attorney familiar with the local landlord tenant rules and regulations.

Have some questions? We are currently offering a same day low cost telephone consultation for just $199 (Advanced Payment by credit card is Required). To schedule a $199* same day 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 an Eviction in any City within Los Angeles County due to the interplay of local, county, and state laws.

Phase III of the Los Angeles County Covid-19 eviction moratorium begins January 1, 2023 and is supposed to expire on June 30, 2023.

Yes, you read that correctly…Parts of the Los Angeles County Covid 19 eviction moratorium have been extended through June 30, 2023! In Phase III of the Los Angeles County Covid 19 eviction moratorium, all evictions that were allowed pre-covid will once again be allowed, EXCEPT all Landlords within the County of Los Angeles will still be prohibited from evicting a tenant for nonpayment of rent if the tenant's household income is at or below 80% of the AMI. In Phase III of the LA County Covid 19 eviction moratorium, all other tenant eviction protections will be lifted, "unless the Board considers options for extending eviction protections for tenants who have had to house unauthorized occupants or pets."

During Phase III, non-payment protections, including self-certification, for renters earning 80% of the AMI or less will continue, but all other eviction protections should end on December 31, 2022.

Have some questions? We are currently offering a same day low cost telephone consultation for just $199 (Advanced Payment by credit card is Required). To schedule a $199* same day 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 an Eviction in any City within Los Angeles County due to the interplay of local, county, and state laws.

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AB 2179 temporarily extends the California State Covid 19 Eviction Moratorium but ONLY for non-payment rent due on or before March 31, 2022 and then only if the tenant has a pending application for California Rent Relief with Housing is Key. If the tenant's application is denied, the landlord may under state law institute eviction proceedings for nonpayment of rent if the local city and/or county doesn’t have a law inhibiting such efforts.

Additional Local Eviction Moratoriums Still In Place After April 1, 2022.

At the local level, many local cities within Los Angeles County have enacted temporary Covid-19 "Eviction Moratoriums" due to the COVID-19 pandemic and some are being pressured by the Los Angeles County Board of Supervisors to add to or to enact more stringent local city rent control and eviction control ordinances. Below is a chart with links to the applicable local ordinances.

However, as stated above even if a local eviction moratorium has expired or is about to expire, a landlord may be prohibited from evicting a residential tenant under California State law through June 30, 2022 if the tenant has a pending application with the California rent relief program (Housing is Key). Additionally, a landlord may be prohibited from evicting a tenant under the above County of Los Angeles regulations limiting evictions.

Have some questions? We are currently offering a same day low cost telephone consultation for just $199 (Advanced Payment by credit card is Required). To schedule a $199* 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.

Local City and Los Angeles County Covid 19 Eviction Moratorium Ordinances in Southern California

City/County	Eviction Moratorium	Ordinance
Beverly Hills	Until May 31, 2022, the Beverly Hills eviction moratorium prohibits all residential and commercial no fault evictions for small businesses (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 the landlord may proceed. Tenants must repay unpaid back owed rent within 12 months of the emergency's expiration, or by May 31, 2023 and landlords cannot charge late or collection fees.	Beverly Hills Ordinance No 20-0-2861 effective 5/10/22 ends the local eviction moratorium on May 31, 2022. However, Beverly Hills tenants will continue to be protected under the Los Angeles County Eviction Moratorium Extension through December 31, 2022.
Culver City	Emergency moratoriums on evictions of residential and commercial tenants have expired. The local city commercial moratorium ended on March 31, 2021. However, Culver City tenants will continue to be protected under the Los Angeles County Eviction Moratorium Extension through December 31, 2022.	Culver City 2020 Permanent Rent Control and Just Cause Ordinance Implemented effective 10/30/20.
Glendale	The local emergency moratoriums on evictions of residential and commercial tenants have expired. However, Glendale tenants will continue to be protected under the Los Angeles County Eviction Moratorium Extension through December 31, 2022	Glendale Just Cause Eviction Ordinance 9.30.010 through 9.30.110 enacted to require just cause for eviction, relocation fees, and limits on rent increases.
Inglewood	The local emergency moratoriums on evictions of residential and commercial tenants have expired. Inglewood tenants will continue to be protected under the Los Angeles County Eviction Moratorium Extension through December 31, 2022.	City of Inglewood 2021 Revised Permanent Rent Stabilization and Just Cause Eviction Ordinance.
Long Beach	The local emergency moratoriums on evictions of residential and commercial tenants have expired. Long Beach tenants will continue to be protected under the Los Angeles County Eviction Moratorium Extension through December 31, 2022.	Long Beach Municipal Code Ch 8.99 Requiring Just Cause To Terminate a Tenancy and the Payment of Relocation Assistance Fees.
Los Angeles County and All Cities Within	Prohibits all no-fault residential evictions (including mobile homes) except for Owner or Family Occupancy with strict requirements, evictions for COVID-19 related unauthorized pets, unauthorized occupants or nuisance activities, evictions for denying entry, and evictions for nonpayment of rent for all residential for tenants who provided the landlord with a written Tenant Declaration of Covid-19 Related Financial Hardship within 7 days of the due date. 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. Phase II beginning June 1, 2022 limits the eviction prohibition for non-payment of rent to tenants whose household income at or below 80% of the Area Median Income.	LA County Tenant Protection Resolution extended through 12/31/22
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 RELATED TO COVID 19 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. 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	Until June 30, 2022, prohibits all residential 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." Thereafter, Pasadena tenants will continue to be protected under the Los Angeles County Eviction Moratorium Extension through December 31, 2022.	City of Pasadena Rent Control Measure will be on the November 2022 ballot for voters to decide.
West Hollywood	The local emergency moratoriums on evictions of residential and commercial tenants have expired. West Hollywood tenants will continue to be protected under the Los Angeles County Eviction Moratorium Extension through December 31, 2022.	LA County Tenant Protection Resolution extended through 12/31/22

In the City of Los Angeles Rent Increases are Still Prohibited on Residential Properties Subject to the Los Angeles Rent Stabilization Ordinance.

On March 30, 2020, Mayor Garcetti instituted a rent freeze on all rental units in the City of Los Angeles subject to the Rent Stabilization Ordinance. "Property owners shall not increase rents on occupied rental units subject to the Los Angeles Rent Stabilization Ordinance beginning on the date of this Order through sixty days after the expiration of the local emergency period." See, the order here. The LA Rent Freeze still remains in effect and its reiterations prohibit rent increases on rent stabilized units until 12 months after the state of emergency is lifted.

Rent Increases on Residential Properties in Los Angeles NOT Subject to the Los Angeles Rent Stabilization Ordinance, or the California Tenant Protection Act of 2019 (AB 1482).

California Penal Code 396 commonly known as the Anti-Price Gouging Law, prohibits all businesses (including landlords) from raising the price of goods or services (including rent) more than 10% during a declared state of emergency. California was under a declared state of emergency since March 4, 2020 through January of 2022 and various cities are still under a local emergency ordinance. Although it appears that the state of emergency MAY be lifted, there is no indication that it will be lifted in the City of Los Angeles. Landlords with properties in the state of California would be well advised to not increase an existing tenants rent beyond 10% (if the property is not subject to any form of state or local rent control) or by the amount allowed under the applicable state, or local rent stabilization ordinance.

CAUTION: Although single family homes, condos and townhomes are supposed to be exempt from California's state rent limits and just cause eviction controls, to be exempt the lease, or a signed addendum to the lease, under which the tenant has possession of the rental home must clearly state in 12pt 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."

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.

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 eviction.

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 and again in February of 2022 to Discuss removing a tenant from a recently purchased home for owner occupancy.

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