New Los Angeles
On September 1, 2020, the same day as AB3088 (including the Tenant Relief Act) became state law, Los Angeles County enacted its latest Moratorium extension on residential and commercial evictions. . However, new Code of Civil Procedure 1179.05(a)(1), part of AB3088, may completely undermine this new County law, because it says the change of any local law after August 19 shall not have effect until February 1, 2021. Neither law appears to take into account Civil Code 1511, which excuses payment due to COVID including government regulation, sheltering, and caring for a child or sick adult.
The County law applies everywhere in Los Angeles County, superceding even cities that have protections, as the “baseline protection”, but allowing cities to have even more protective measures for the tenants. It extends the eviction moratorium through October 31, 2020 for both residential and commercial evictions, for nonpayment of any charges including rent, if the tenant must have told the landlord of their inability to pay rent due to some COVID-relate reason within 7 days after the rent was due. Tenants have 12 months to repay back rent. The law prohibits no-fault evictions, evictions for nuisance or having unauthorized occupants or pets. Landlord harassment and intimidation are prohibited. Rent increases in the unincorporated areas of the County are also barred. Landlords are prohibited from charging late fees, pass-throughs interest, or retroactive charges.
The law prohibits giving eviction notices, rent increase notices (in the unincorporated areas), and eviction lawsuits filed after March 3, 2020. The only kinds of eviction permitted are (1) breach of the rental agreement other than having additional people or pets, (2) where a tenant gives notice of leave but doesn’t and (3) for nonpayment of rent or other charges if the tenant did not tell the landlord within 7 days after the rent was due that the tenant is unable to pay it due to COVID.
