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 Legal
California and Los Angeles
Eviction Moratorium
Updates for October 2021
By David Piotrowski, Esq. Law Office of David Piotrowski
Now that October 1, 2021, is in the rearview mirror, there are some updates on the eviction moratoriums in California, Los Angeles County, and Los Angeles City. This article will provide insight into some of the biggest changes to these three eviction
moratoriums.
California Eviction Moratorium - Statewide
California’s statewide eviction moratorium applicable to residential rental properties expired on September 30, 2021, after having been in effect for just over a year and a half. This means, if the residential rental property is not subject to any other eviction protections at the local or state level (for example, Assembly Bill 1482 at the state level, or local rent control such as the City of Los Angeles Rent Stabilization Ordinance (LARSO)), landlords will again be able to commence evictions without just-cause , typically beginning with the serving of a 30- or 60-day notice to terminate tenancy. For areas that my law firm services, the allowances for no-cause evictions are primarily limited to Ventura County and Orange County (and for members of the Apartment Association of Greater Los Angeles, also limited to San Bernardino County), since as of this writing, Los Angeles County and the cities of Los Angeles, Pasadena, and Beverly Hills, among others, still restrict no-fault evictions as will be discussed below. If you are a landlord in Ventura or Orange county and want to pursue a no-cause eviction, schedule a call with an attorney to discuss possible representation. One of the most popular no-cause evictions are tenancies that are currently month-to-month, and the landlord simply no longer wishes to rent the property to the tenant any longer because the landlord has other plans for the property.
California law still places special, additional restrictions on non-payment of rent cases. These special restrictions will be in effect from October 1, 2021, through March 31, 2022. Beginning October 1, 2021, landlords will be able to utilize 3-day notices to pay rent or quit when demanding rent that became due from October 1, 2021, and beyond, instead of the 15-day notice that was required through September 30, 2021.
However, landlords cannot simply go back to using the pre- COVID 3-day notice to pay rent or quit.
Here are some of the main points for 3-day notices to pay rent or quit, beginning on October 1, 2021, and extending through March 31, 2022, which can be found in Civil Code 1179.10:
• For rent due between October 1, 2021, and March 31, 2022, the landlord can use a 3-day notice to pay rent or quit. This is not the “normal” 3-day notice that landlords used prior to COVID. Additional requirements must be followed between October 1, 2021, and March 31, 2022.
• The amount of rent demanded and the date each amount became due must be clearly itemized on the 3-day notice.
• A special notice from the State of California must now be included on the 3-day notice and must include the telephone number and internet website address of the pertinent government rental assistance program.
(The Apartment Association now offers this new, “3-Day Notice to Pay Rent or Quit” in its Legal Forms Library.)
If the rent demanded is for rent prior to October 1, 2021, the landlord must still use a 15-day notice to pay rent or quit and follow the rules that were outlined in previous California legislation, even if the 15-day notice is created and served after October 1, 2021. The controlling factor is the time period that the rent is demanded under the notice. In other words, if the landlord is serving a notice that is for rent that became due prior to October 2021, the landlord should use a 15-day notice. If the landlord is serving a notice that is for rent that became due in October 2021 or later, the landlord should use the special 3-day notice. If the landlord is seeking unpaid rent for a combination of months before and after October 2021, then two separate notices (a 15-day and a 3-day) must be served and can be served simultaneously.
If the tenancy commenced on or after October 1, 2021, meaning the tenant did not move into the property or become your
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