**DISCLAIMER: The below is offered for informational purposes only and is not legal advice, nor does it create an attorney-client relationship. The laws regarding COVID-19 are changing daily, therefore you should consult with an attorney before relying on any information.

GOVERNOR NEWSOM’S MARCH 27, 2020 ORDER

Governor Newsom issued an ordinance prohibiting landlord’s from evicting tenants who are unable to pay rent due to the impact of COVID-19. A tenant who is unable to pay rent must notify their landlord, in writing, no more than seven (7) days after the rent becomes due. The order does not waive the unpaid rent and the tenant remains liable for the past due rent.

The order also extends a tenant’s deadline to respond to an unlawful detainer complaint for non-payment of rent sixty (60) days provided the tenant can show the following:

Prior to the date of this Order, the tenant paid rent due to the landlord pursuant to an agreement.
The tenant notifies the landlord in writing before the rent is due, or within a reasonable period of time afterwards not to exceed 7 days, that the tenant needs to delay all or some payment of rent because of an inability to pay the full amount due to reasons related to COVID-19, including but not limited to the following: (i)The tenant was unavailable to work because the tenant was sick with a suspected or confirmed case of COVID-19 or caring for a household or family member who was sick with a suspected or confirmed case of COVID-19; (ii)The tenant experienced a lay-off, loss of hours, or other income reduction resulting from COVID-19, the state of emergency, or related government response; or (iii)The tenant needed to miss work to care for a child whose school was closed in response to COVID-19.
The tenant retains verifiable documentation, such as termination notices, payroll checks, pay stubs, bank statements, medical bills, or signed letters or statements from an employer or supervisor explaining the tenant’s changed financial circumstances, to support the tenant’s assertion of an inability to pay. This documentation may be provided to the landlord no later than the time upon payment of back-due rent

The Sheriff is prohibited from executing a writ of possession for a residential property while this Order is in effect if the tenant can meet the factors described above. The order terminates on May 31, 2020. A copy of the complete order may be found HERE.

JUDICIAL COUNCIL STATEWIDE ORDER

On April 6, 2020, the judicial council, which is the governing body of California’s judicial branch, issued an order temporarily suspending all evictions. Under the order, no summons will be issued on an unlawful detainer complaint unless the action is necessary to protect public health and safety. In addition, California Courts may not process a request for entry of default, or default judgment, for restitution of the premises in an unlawful detainer action. The Court order is in effect until 90 days after Governor Newsom lifts the state of emergency order, or otherwise amended. The Order does not prohibit a landlord from serving an eviction notice. However, a landlord will be unable to serve the tenant with the eviction until after 90 day period has passed. A copy of the order can be found HERE .

CITY OF LOS ANGELES ORDINANCE

The City of Los Angeles also issued an Ordinance, effective March 27, 2020, that prohibits evictions for non-payment of rent due to circumstances related to COVID-19. On March 30, 2020, Mayor Garcetti issued an Ordinance that also prohibits “No-Fault” evictions (“Ellis Act”) and rent increases for properties subject to the Rent Stabilization Ordinance (“RSO”). Landlords are required to notify their tenants of the protections provided under the Ordinance within 30 days of the effective date.

For a copy of the Landlord required notice to tenants, please contact our office. A copy of the Ordinance can be found HERE.

OTHER LOCAL ORDINANCES

Most Cities have issued similar ordinances affecting a landlord’s right to evict. Below is a list of the ordinances issued by other cities within Los Angeles County. This list, however, is not exhaustive. If you have questions regarding a specific area, please contact our office. A list of Ordinances for other cities within Los Angeles County can be found HERE.