In an effort to provide tenants with continued rent relief amidst the Covid pandemic, various cities in California have extended the Eviction Moratorium. Let’s take a quick glance at key aspects of the Moratoriums across the various jurisdictions below.
Los Angeles County (Incorporated and unincorporated areas. Where an incorporated area has adopted only one of the two types of moratorium the County’s other moratorium will apply, i.e. if the area has only residential restrictions but no commercial, the County’s commercial restrictions will apply and vice versa.)
The Los Angeles Moratorium became effective on March 4, 2020 and has been extended through July 31, 2020. However, as of June 1, 2020 the following Tenancies are no longer covered by the Moratorium:
- Commercial Tenancies where the Tenant has more than 100 Employees.
- Commercial Tenancies where the Tenant is a Multinational Company or a publicly traded company.
The County prohibits evictions based on non-payment of rent, no-fault evictions, evictions based on presence of unauthorized occupants, pets, or nuisance.
Notice – renter must provide notice within seven (7) days after rent is due. Owner must accept self-certification of the renter’s inability to pay rent.
Residential Tenants and Commercial Tenants with nine Employees or fewer shall have 12 months following the expiration of the Moratorium to repay their Landlords for rent and related charges which came due but were unpaid during the Moratorium. Tenants are not required to pay rent or charges due immediately upon expiration of the Moratorium, nor agree to a payment plan or make payments according to a schedule mandated or requested by a Landlord.
Commercial Tenants with ten or more, but fewer than 100, Employees shall have six months following the expiration of the Moratorium to pay rent and related charges which came due but were unpaid during the Moratorium. Tenants shall make such payments in six equal monthly installments, unless the Tenant and Landlord agree to an alternate payment schedule.
As of June 1, 2020 unpaid rent became due for commercial Tenants with more than 100 Employees, or that are a Multinational Company or publicly traded. However, there is an option for the landlord and tenant to come up with an alternate payment schedule.
For more information: Los Angeles Moratorium
City of Los Angeles
The City of Los Angeles Moratorium became effective March 4, 2020 and lasts until the expiration of the local emergency.
Applies to residential and commercial (RSO and non-RSO units) and prohibits evictions based on non-payment of rent, no-fault evictions, evictions based on presence of unauthorized occupants, pets or nuisance related to COVID-19 and evictions for removing occupied rentals off the rental market.
Notice – renter does not have to give notice. Owners are required to give notice of the protections afforded the tenants for 12 months after the emergency orders termination each time that the owner serves any eviction notice.
Private Right of Action/Penalties – Owners need to be aware that the City has created a private right of action for tenants to sue for injunctive relief, money damage and other relief the Court deems proper. In addition, the Court may award civil penalties up to $10,000 per violation and if the renter is older than 65 or disabled they can add another $5,000.
The city of Torrance has a similarly enacted ordinance to that of Los Angeles County.
For more information: Torrance Moratorium
As of May 7, 2020, Redondo Beach is subject to the Los Angeles County’s Eviction provisions.
In Long Beach the Moratorium became effective on March 4, 2020 through July 31, 2020. However, as of May 31, 2020 the following Tenancies are no longer covered by the Moratorium:
- Tenants or subtenants who are multinational companies, publicly traded companies, or which have more than 500 employees.
- Tenants or subtenants managed by the Airport
- Tenants and subtenants within the Tidelands area
- Tenants or subtenants managed by the Harbor Department
Prohibits evictions based on non-payment of rent which became due between March 4, 2020 and May 31, 2020.
Notice – Before the expiration of a pay-or-quit notice, renter must notify the owner of inability to pay rent and provide supporting documents to show the substantial decrease in income.
All deferred rent shall be due on or before November 30, 2020. If the renter fails to make a regularly scheduled monthly payment after May 31, 2020 which persists after expiration of the applicable pay-or-quit notice, then all delayed and unpaid rent will be immediately payable.
For more information: Long Beach Moratorium
In Inglewood the Moratorium became effective March 4, 2020 through June 30, 2020, unless extended.
Prohibits residential and commercial evictions based on non-payment of rent, no-fault evictions and evictions to remove an occupied renal until from the rental market.
Notice – The ordinance does not include any notification requirements. However, it notes that renters provide documentation but does not specify an example or the time frame in which to provide the documentation.
Tenants are required to pay back rent within 6 months after either the local or state emergency is declared over (whichever is later).
For more information: Inglewood Moratorium
It is important to note that rent relief is afforded to tenants who face loss of income related to the Covid pandemic.
Although details vary by city, examples include: being sick with Covid-19 or taking care of a sick family member, layoffs or loss of hours, childcare needs arising from Covid-19, extraordinary out-of-pocket expenses that equals or exceeds 1/3 tenant’s rent, and compliance with a recommendation from a government health authority.
Lastly, for as long as the Moratorium is in place no late fees shall be collected.
If you are interested in learning more about the details of the eviction protection order in your area please contact Kendall Law or call (310) 619-4941.
NOTE: It is possible that Moratoriums could be extended since writing this post. Please check with us to verify for your area.