Frequently Asked Questions
COVID-19 Tenant Protections
WHAT IS THE COUNTY’S COVID-19 TENANT PROTECTIONS RESOLUTION?
The County’s COVID-19 Tenant Protections Resolution (“Resolution”- formerly the LA County Eviction Moratorium), which went into effect March 4, 2020, provides certain protections to residential tenants, commercial tenants and mobilehome space renters affected by the COVID-19 pandemic in Los Angeles County through December 31, 2022. On November 15, 2022, the Board of Supervisors voted to clarify current protections under the Resolution and extend certain protections beyond December 31, 2022.
WHAT SHOULD RESIDENTIAL AND COMMERCIAL TENANTS KNOW ABOUT THE UPDATED PROTECTIONS?
The updated COVID-19 Tenant Protections Resolution includes two phases which incorporate both extending and lifting some existing eviction protections. The Resolution also extends certain protections beyond December 31, 2022, as shown below:
WHAT PROTECTIONS ARE BEING EXTENDED BEYOND DECEMBER 31, 2022?
While many tenant protections under the Resolution will be expiring, the following protections will be extended beyond December 31, 2022:
- Anti-harassment and retaliation protections for all residential, mobilehome space renters and commercial tenants during the Resolution’s protected periods; and
- No-fault eviction protections as a baseline within Los Angeles County for tenants who utilized the County’s non-payment of rent protections from July 1 through December 31, 2022 and are still within the 12-month repayment period.
WHAT SHOULD TENANTS DO IF THEY ARE UNABLE TO PAY RENT THROUGH DECEMBER 31, 2022?
Residential tenants and mobilehome space renters who may have experienced a substantial loss of household income of at least 10% and/or increased household costs of more than 7.5% may be protected against eviction for non-payment between July 1, 2022 and December 31, 2022. Tenants may use the “Notice of Inability to Pay Rent due to COVID-19″ template (coming soon) to self-certify with their landlord. Tenants who fulfill the requirements under the Resolution may have an affirmative defense to an Unlawful Detainer (eviction) action.
Please note: The County’s Resolution does not cancel or stop the rent from being owed or stop the accumulation of back-rent owed during the protected period. Tenants should pay their rent if they are able and are encouraged to work out a repayment plan with their landlord during and after the termination of the Resolution.
FOR COMMERCIAL TENANTS
As of February 1, 2022, Commercial Tenants are no longer protected from eviction due to nonpayment of rent. Commercial Tenants will have the following time to repay past due rent from March 2020-January 2022: Twelve (12) months for those with 0-9 employees; Six (6) months for those with 10-100 employees in equal installments.
While eviction protections for nonpayment of rent are expiring, anti-harassment and retaliation protections will continue during the protection period, as well as personal guarantee protection for smaller (0-9 employees) commercial tenants.
UNDER WHAT CIRCUMSTANCES CAN A LANDLORD EVICT A TENANT TO MOVE INTO A PROPERTY UNDER THE COUNTY’S COVID-19 TENANT PROTECTIONS RESOLUTION?
Under the Resolution, a landlord or a qualifying family member can move into a single-family home, mobilehome space, condominium unit, duplex, or triplex (collectively “units”) if they meet the following criteria:
- The landlord or landlords qualifying family member must physically reside at the property for at least thirty-six (36) consecutive months; and
- The landlord or landlords qualifying family member must be similarly situated to the tenant currently occupying the home; and
- The landlord must provide at least sixty (60) days’ notice to Tenant; and
- The landlord must pay tenant relocation assistance as required by the County’s Rent Stabilization and Tenant Protections Ordinance or the incorporated city’s applicable ordinance or regulation.
Please note that effective June 1, 2022, the property purchase date (June 30, 2021) and the requirement for tenants impacted by COVID-19 for Owner Move-Ins are lifted under Phase II (June 1, 2022- December 31, 2022) of the Resolution.
Landlords will need to use the following forms as part of the process to evict the tenant(s) and provide notice to the Department of Consumer and Business Affairs:
Landlords may refer to the Relocation Assistance FAQs for further guidance on the required relocation amounts.
WHAT IF MY LANDLORD STILL TRIES TO EVICT ME?
It is important to seek legal assistance in responding to any eviction or “Unlawful Detainer” action filed by a Landlord. Tenants that receive an eviction notice should immediately contact Stay Housed LA to see if they qualify for free legal assistance, and for help understanding their rights, responding to notices, short-term rental assistance, and/or access to other resources by visiting www.stayhousedla.org or calling DCBA at 800-593-8222 for more information. Tenants are not required to leave their units unless they are served with a five (5) Day Notice to Vacate from the Sheriff’s Department.
Additionally, the County or State, protections, or a combination of these may provide an affirmative defense if a Tenant is served with an ”Unlawful Detainer” (formal eviction notice) or is facing other civil actions for unpaid rent accrued during the protections period due to COVID-19 related financial hardship.
Who is covered by the County’s COVID-19 Tenant Protections Resolution?
The COVID-19 Tenant Protections Resolution applies to residential tenants, commercial tenants and mobilehome space renters in unincorporated Los Angeles County, as well as cities in the County that do not have a moratorium in place. It also established the County’s temporary emergency tenant protections as the baseline for all incorporated cities within the County. This includes incorporated cities that have their own local eviction moratoria, to the extent the city’s moratorium does not include the same or greater tenant protections as the County’s COVID19 Tenant Protections Resolution. Please contact your city or call DCBA at 800-593-8222 for more information.
How do I know if I am in an unincorporated area of Los Angeles County?
To find out if a property is in an unincorporated area of Los Angeles County, visit the Los Angeles County Registrar-Recorder/County Clerk website and select “District Map Look Up By Address”.