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Extended and Permanent Renter Protections Enacted in Los Angeles: What Landlords and Tenants Need to Know

April 11, 2023Client Alert
Real Estate Client Alert

On Monday, April 3, 2023, the Los Angeles Mayor’s Office issued a notice extending certain residential renter protections related to the COVID-19 pandemic that were slated to end upon the expiration of the LA County Eviction Moratorium on Friday, March 31, 2023. As a result of the April 3 notice, certain renter protections were extended and new permanent protections were enacted. Below are some key points and answers to anticipated questions about the notice that will be of interest to both renters and landlords in Los Angeles.

What Should Landlords Be Aware Of In Regard To These New And Extended Protections?

  • Landlords cannot evict tenants who fall behind on rent unless the tenant owes an amount higher than the Fair Market Rent (FMR). These FMR values are:

Efficiency/Studio

One Bedroom

Two Bedroom

Three Bedroom

Four Bedroom

$1,534

$1,747

$2,222

$2,888

$3,170

  • Landlords must provide, in writing, a legal reason for eviction.
    • Note that eviction protections for unauthorized pets and additional tenants due to COVID-19 have been extended through January 31, 2024.
  • Landlords may not increase rent in rent-stabilized housing until February 1, 2024.
  • Landlords who raise rent by more than 10% within 12 months must pay for tenant relocation assistance should the tenant decide they do not want to pay the increased rent.
  • Landlords must file all termination notices with the Housing Department within 3 days of providing them to tenants.
    • Failure to file termination notices provides the tenant with an affirmative defense to an eviction.
  • Landlords must provide Notice of Renters’ Protections to new and renewing tenants and post the notice in an accessible common area of the property.

What Should Tenants/Renters Be Aware Of In Regard To These New And Extended Protections?

  • If a landlord serves a tenant with an Unlawful Detainer, the tenant must file an answer with the court within FIVE DAYS or risk losing by default.
  • Los Angeles added protections prohibiting evictions other than for “just cause” through the City’s new Just Cause Eviction Protections Ordinance. These protections kick in at the first to occur of (i) the end of a tenant’s first lease, or (ii) after 6 months of continuous, lawful occupancy.
  • If a tenant provided their landlord with a COVID-19 Related Declaration of Financial Distress Form by the 15-day deadline for rent owed from March 1, 2020, through August 31, 2020, said tenant cannot be evicted for non-payment of rent from that period.
  • If a tenant provided their landlord with the same notice AND paid 25% of their rent for rent owed from September 1, 2020, through September 30, 2021, said tenant cannot be evicted for non-payment of rent from that period.

What Recourse Do Landlords Have To Collect Unpaid Rent?

  • In many cases, landlords can pursue court action in small claims court for unpaid rent, even when eviction may not be an immediate option.
  • Landlords can NOT seek eviction for non-payment of rent until the following dates:
    • August 1, 2023: For unpaid rent owed from March 1, 2020, to September 30, 2021; or
    • February 1, 2024: For unpaid rent owed from October 1, 2021, to January 31, 2023.

Where Can Tenants and Landlords Get More Information On The Above Changes to Los Angeles Renter Protections?

  • More general information on these measures is available on the Los Angeles Housing Department (LAHD) website here.
  • A list of at-fault legal reasons for eviction can be found here and a list of no-fault legal reasons for eviction can be found here.