No-Fault Eviction Moratorium

Frequently Asked Questions

Background

On October 8, 2019, Governor Newsom signed historic legislation in Assembly Bill 1482, the Tenant Protections Act of 2019, designed to prevent rent gouging and arbitrary evictions. The Tenant Protections Act of 2019 becomes effective on January 1, 2020, establishing the strongest statewide law in the nation to protect renters in non-rent stabilized housing. Following the passage of AB 1482, the Los Angeles City Council acted swiftly to stem a surge of arbitrary, no-fault evictions as a number of landlords threatened to or actually served tenants with eviction notices in advance of the implementation of the new law. Ordinance No. 186,340 was approved by the City Council and signed by the Mayor on October 22, 2019, taking effect on October 24, 2019. This ordinance provides eviction protections to tenants in 138,000 additional rental units in the City of Los Angeles that previously allowed evictions for any reason.

What properties are subject to the City’s eviction moratorium?

Most rental units in the City of Los Angeles that have a Certificate of Occupancy issued by the Department of Building & Safety (LADBS) before January 1, 2005, are protected under the City’s eviction moratorium. Owner-occupied single-family residences and duplexes may be exempt.

What does the eviction moratorium do?

The eviction moratorium prohibits landlords from evicting tenants without an at-fault just cause unless the termination of the tenancy is based on a government or court order necessitating vacating the property or to comply with federal or state law.

When does the City’s eviction moratorium become effective?

The eviction moratorium became effective on October 24, 2019.

How does the no-fault eviction moratorium affect tenants who are currently under an unexpired 60-days eviction notice?

If tenants are still occupying their rental unit and the 60-day notice has not expired, the moratorium on evictions applies and the tenant(s) are protected under the eviction moratorium.

Does the City’s eviction moratorium apply to properties subject to the Rent Stabilization Ordinance (RSO)?

Yes.

How do I find the Certificate of Occupancy for my property?

To find out if your property has a Certificate of Occupancy issued before 1/1/2005, visit: http://lacitydbs.org/buildinginfo  

Is the landlord required to issue a written notice to evict me for an at-fault eviction or can the landlord verbally request that I move? If written notice is required, how much advance notice must I receive?

A landlord must always give written notice. The reason for the termination will determine the type of notice needed.  For example, if the tenant does not pay rent when it is due, the landlord can give the tenant a 3-Day Notice to Pay Rent or Quit. If the tenant does not pay rent, then the landlord can file an eviction lawsuit with the court at the end of the three days. 

If I have been served an eviction notice, how or who or which City department do I contact for assistance?

If you have received a notice to terminate the tenancy and the property was built before January 1, 2005, you can file a complaint by calling the Housing + Community Investment Department (HCIDLA) at (866) 557-RENT (7368) or online. You may also wish to seek legal advice.

Does the City Attorney assist with any conflict if my landlord does not want to recognize the “eviction moratorium ordinance”?

The City Attorney does not assist or represent constituents in private legal cases. However, tenants may seek the advice of counsel from a private attorney, or a non-profit organization that specializes in assisting tenants with evictions. 

A tenant can assert an affirmative defense in an unlawful detainer action if a landlord does not comply with the City’s eviction moratorium. In other words, a renter can use the landlord’s refusal to follow the moratorium rules to help with their pending eviction. 

Does this temporary ordinance apply to expired eviction notices? 

The eviction moratorium applies to all tenancies where the tenant remains in possession of their unit and the court has not issued a decision or judgment on the unlawful detainer (eviction).

Does the new eviction moratorium apply if I am a renter in a house (I rent the whole house, not an apartment unit)?

The eviction moratorium applies to single-family dwellings (SFD) or any other residential property that is alienable separate from the title to any other dwelling and owned by a real estate investment trust, corporation or LLC.

What are the at-fault reasons a landlord can evict under the City’s moratorium?

At-fault just cause” reasons for eviction include:

  • Nonpayment of rent.

  • Violation of the rental agreement.

  • Nuisance, unlawful, or criminal activity.

  • Assigning or subletting in violation of the lease.

  • Refusing the owner reasonable access to the unit.

  • Following the expiration of the initial term, refusal to sign a written extension or renewal of the lease for a further term of like duration and similar provisions.

  • Failure to Vacate when the rental unit was provided as a condition of employment and the employment has been terminated. 

  • Failure to deliver possession after notifying the owner of the intent to vacate.