On February 24, 2021, the LA County Board of Supervisors extended the County’s Temporary Eviction Moratorium, which imposes a countywide ban on evictions for residential and commercial tenants, until June 30, 2021. The updated legislation protects covered renters facing COVID-19 related financial hardships from eviction, integrates additional protections introduced by Assembly Bill 3088 and Senate Bill 91, and imposes stricter penalties for landlords’ noncompliance. Learn more about LA County’s extended and updated Eviction Moratorium below.

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Covered Commercial Tenants

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While the Moratorium is in effect, commercial tenants may not be evicted for failing to pay rent due to COVID-19 related hardship. Commercial tenants in both the unincorporated areas and incorporated cities of Los Angeles County are covered by the County’s moratorium, except tenants in cities that have adopted an eviction moratorium with equal or greater protections to tenants than that of the County’s. However, tenants that are multi-national, publicly-traded, or employ over 100 employees are not covered by this moratorium. Moreover, effective September 1, 2020, tenants who rent space or property within airports in the County are no longer covered.

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Effective Time Period

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Between March 4, 2020 and June 30, 2021, commercial tenants may not be evicted for nonpayment of rent due to COVID-19 related financial hardship. However, the moratorium is not a cancellation of rent; tenants must repay any past due payments according to the following terms:

• Small Employers: Tenants with nine or fewer employees will be granted up to twelve months following the end date of the moratorium to repay any past due rental payments, and
• Larger Employers: Tenants with 10 or more, but less than 100, employees will be granted up to six months following the end date of the moratorium to repay any past due rent in equal payments, unless prior arrangements have been made with the landlord.

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Tenants and Landlords: Notice Obligations

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Tenants must provide their landlords with notice within seven days after rent is due if they are unable to pay rent for a covered reason. Tenants with nine or fewer employees may self-certify their inability to pay rent either in writing or orally. Tenants with 10 or more, but fewer than 100, employees must provide written documentation demonstrating their inability to pay rent due to COVID-19 related financial hardship.

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Landlords must accept self-certification as a valid form of notice from tenants with nine or fewer employees, and are prohibited from harassing or intimidating any tenants that exercise their rights under the Moratorium. The updated moratorium clarifies that tenants or their representatives may sue their landlords for violating the provisions of the moratorium, and enhances the fines and civil penalties landlords face for noncompliance.

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Protections for Covered Residential Tenants

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The County’s moratorium:

• Prohibits evictions for the following reasons:
  • Nonpayment of rent due to COVID-19 related financial hardship through September 30, 2020;
  • No-fault reasons, including but not limited to, substantial remodels or demolition of property;
  • COVID-19 related violations due to unauthorized occupants or pets;
  • Nuisance; or
  • Denying entry to a landlord
• Prohibits rent increases or new pass-throughs for:
  • Rent-stabilized units in unincorporated Los Angeles County subject to Chapter 8.52.050 of the County Code and
  • Mobilehome spaces subject to Chapter 8.57.050 of the County Code.
• Prohibits imposing or charging late fees, interest, and any related charges for unpaid rent accrued during the Moratorium Period (except between October 1, 2020 and June 30, 2021).

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Covered Residential Tenants

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Residential tenants and mobilehome space renters in the unincorporated areas of Los Angeles County are covered by the County’s moratorium, as well as tenants in cities in the County that do not already have a moratorium in place, or have a moratorium that does not address residential tenants or mobilehome space renters. As of September 1, 2020, LA County’s moratorium provisions were established as baseline protections for all residential and commercial tenancies in Los Angeles County, with some exceptions.

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Effective Time Period

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Between October 1, 2020 and June 30, 2021, residential tenants that face eviction for nonpayment of rent due to COVID-19 related financial hardship are not covered by Los Angeles County’s eviction moratorium; instead, they are covered by the State’s eviction moratorium.

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Tenants must repay past due rent accrued between March 1, 2020 and September 30, 2020 by August 31, 2021. Tenants that accrue past due rent between October 1, 2020 and June 30, 2021 must follow the mandates under California State’s Assembly Bill 3088 (AB 3088) and Senate Bill 91 (SB 91) to establish protections against eviction.

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California State’s Eviction Moratorium

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AB 3088, signed by Governor Newsom on September 1, 2020, protects residential tenants and mobilehome space renters from eviction if they are unable to pay rent for COVID-19 related reasons between March 1, 2020 and January 31, 2021. SB 91 extends AB 3088’s protections through June 30, 2021 and creates a framework for distributing federal rental assistance funds to renters and property owners in the state.

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During the period between October 1, 2020 and June 30, 2021, the California State eviction moratorium applies for residential tenants and mobilehome space renters. While LA County’s protections for residential tenants and mobilehome space renters for non-payment of rent due to COVID-19 related financial hardship are ineffective during this time, all other Tenant protection provisions apply.

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Tenants and Landlords: Notice Obligations

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While the LA County moratorium is in effect, tenants must provide their landlords with notice through a self-certification within seven days after rent is due if they are unable to pay rent for a covered reason, barring extenuating circumstances. During the period that the State moratorium supersedes the County’s protections, tenants must comply with the notice and certification requirements established in AB 3088 and SB 91 to be protected from eviction. Landlords must accept self-certification as a valid form of notice under the County’s moratorium.

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While landlords may not evict residential tenants for failing to pay back unpaid rent under the terms of a payment plan, tenants and landlords should collaborate to create payment plans for after the expiration of the eviction moratorium. Moreover, tenants should pay partial rent, if they are able to do so, during the moratorium.

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View LA County’s informational site for the Temporary Eviction Moratorium here.

View LA County’s FAQs for Commercial Tenants here.

View LA County’s FAQs for Residential Tenants here.

View the full text of Assembly Bill (AB) 3088 here.

View the full text of Senate Bill (SB) 91 here.

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The following cities in Los Angeles County have a temporary eviction moratorium, as of February 26, 2021:

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Residential and Commercial:

Beverly Hills, Downey (Residential & Commercial), Gardena, Hawthorne (Residential & Commercial), Hermosa Beach, Inglewood, Lawndale, Lomita, Los Angeles (Ordinance No.186585 & Ordinance No. 186606), Lynwood, Manhattan Beach, Maywood, Monrovia (Residential & Commercial), Pasadena, San Marino (page 226-230), Santa Monica, South El Monte (ORDINANCE NO. 1244-U, amendment: ORDINANCE NO. 1249-U), South Pasadena (South Pasadena Resolution 7678), West Hollywood (Residential: 1101U, 1108U, 1105U, 1113U Commercial: 1103U, 1105U, 1113U), Westlake Village  (amendment)

Residential Only:

Baldwin Park, Glendale

Commercial Only:

Burbank, Culver City , Pico Rivera, Rosemead, Whittier

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If you have questions regarding the application of Los Angeles County’s Temporary Eviction Moratorium to your business, please contact one of the following attorneys in The Maloney Firm’s Employment Law Department: Patrick Maloney, Lisa Von Eschen, Samantha Botros, or Nicholas Grether.

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