We are currently in Phase 2 of the County moratorium that is scheduled to end December 31, 2022. Under Phase 2, there are eviction protections for residential and mobile space renters from no-fault evictions (which means the tenant has not done anything wrong) except for qualified owner move-in evictions; nuisance related to COVID-19 and unauthorized pets/occupants due to COVID-19.
Effective June 1, 2022, landlords could terminate a tenancy for a tenant that denied access to the landlord unless the entry is done to harass the tenant. To be able to use the owner occupancy exception, the person moving in has to be similarly situated as the tenant you are displacing. Meaning if the tenant is 62 or older, the person moving in has to be 62 or older. The person moving in has to sign a declaration about the move-in, pay relocation, and live there for 3 years. There is still a rent freeze on units that are subject to the unincorporated cities rent stabilized units.
Effective July 1, 2022 – eviction protections for non-payment of rent only applies for households with income at or below 80% of area median income due to COVID-19 financial hardships for rents incurred on or after July 1, 2022. Rents due between April 1, 2022, and June 30, 2022 were allowed under the State Law as the state law preempted the County. Accordingly, landlords can evict for non-payment of rent for April 1 and on if the tenant is not qualified under the moratorium protections.
To be afforded the protections for non-payment of rent under the County rules, the qualified tenant must notify the landlord within 7 days of the rent being due that they make below the 80% median income and cannot pay the rent. It is not required but recommended that the tenant include documents that support their claim. Qualified tenants have 12 months to repay the rent.
The question we get asked is, will this be extended again? The answer is not likely. September 13, 2022, the Board voted a defined end date of December 31, 2022 for county protections.
Please be sure to contact us to ensure that you’re aware of the latest laws and changes in eviction procedures for your current situation. Kendall Law continues its commitment to monitoring ongoing changes at the Federal, State and Local levels regarding the eviction moratorium. Reach out to Kendall Law to set a consultation regarding your particular matter before taking any action.
Kendall Law is here to help. Contact us or call (310) 619-4941.