Update: COVID Eviction Moratorium Not Extended in California

September 27, 2021 – Update:

On September 10th, California State legislators adjourned without extending the state eviction moratorium lessening restrictions and changing the process and rules for evictions.

The COVID-19 Rental Housing Recovery Act (RHRA) sets the new procedures for unlawful detainers filed between October 1, 2021 through March 30, 2022.

What does this mean for landlords?

• For missed rent payments starting October 1, 2021, you are back to a three-day notice to pay rent or Quit. However, the notice is not the same as pre-Covid.
• Landlords now have to either:
  • provide a statement under penalty and perjury that before filing the eviction complaint they completed an application for governmental rental assistance to cover the rental debt demanded from the defendants in the case but the application was denied, and provide a final decision of the denial
    
    – OR –
    
    
  • provide a statement under penalty and perjury that ALL FOUR of the following are true:
    
    • Before filing the complaint, the landlord submitted a competed application for rental assistance to cover the rental debt in the notice;
    • 20 days has passed since the later of (1) the date that the landlord submitted the rental assistance application, or (2) the date that the landlord served the resident with the three-day notice underlying the complaint;
    • Landlord has not received notice or obtained verification from the pertinent government program indicating that the resident has submitted a completed application; and
    • Landlord has received no communication from the resident that the resident has applied for governmental assistance to cover the unpaid rent.

While we have not gotten a final confirmation on what Los Angeles County and the City of Los Angeles are doing with respect to just cause evictions, the Covid-19 Tenant Protection Act provided that local governments cannot extend their eviction moratoriums related to non-payment of rent. This is for rent due after October 1; there is no grace period. You can proceed with notice to pay or quit for non-payment of rent.

Stay tuned to the KendallLaw.net website for an update on Just Cause evictions. 

Have questions?

Kendall Law continues its commitment to monitoring ongoing changes at the Federal, State and Local levels regarding the eviction moratorium. However, the laws change frequently and this article may not reflect current rules. Please do not rely on this article when making legal decisions. Reach out to Kendall Law to set a consultation regarding your particular matter before taking any action.

Kendall Law is here to help. Contact us or call (310) 619-4941.