Los Angeles County has recently decided to extend its eviction moratorium through the end of 2022 for residential tenants. The extension gives some of the many people with rental debt additional time to apply for rental assistance in an effort to eliminate most debt by the end of the year. There are some carve outs and requirements to fall under the protections of the extension. This is your quick guide to understanding how this might impact you, and how mediation can help in certain circumstances. 

Phase one of the two phase extension  began on Feb. 1, and goes through May 31, and prevents landlords from filing for an eviction (referred to as an “unlawful detainer” in courts) against residential tenants for nonpayment of rent. Landlords are also prevented from taking the same action against tenants who are creating nuisance, have unauthorized occupants or pets, or where the tenant prevents the landlord from making entry, unless entry is necessary to handle a major damage-causing repair. Presumably, this is to prevent landlords from circumventing the moratorium for less severe infractions tenants may engage in. The moratorium does still allow landlords to evict tenants engaged in serious criminal activity, for causing significant property damage, or in certain circumstances where the owner is planning to re-possess and live on the property, or allow an immediate family member to do so. However, in these cases the landlord may be required to pay relocation assistance due to rent stabilization ordinances.  

Phase two goes from June 1 through Dec. 31. The major change is that the protections against eviction for nonpayment of rent will only apply to those making 80% or less of the median income. Much like with past versions of the moratorium, tenants will have to provide documentation of financial hardship in order to be protected. 

It is important to note that this extension does NOT apply to commercial tenants. Those protections ended Feb. 1. 

So, does this mean that you don’t have to pay rent? NO! You absolutely do have to pay your rent. In fact, you will have 12 months to pay back whatever rent you owe after the restrictions are lifted at the end of the year. If you are in a back rent debt situation, the state is urging people to apply for the rental assistance program. I would say it wiser to apply immediately, as funds have been slow to go out. Also, the need may exceed the funds available at some point. California has already used over $5 billion in rental assistance and is seeking more to meet the high demand. Tenants must understand that it would be advantageous to try to negotiate with their landlords on back/current rent, especially if it turns out tenants are left holding the bucket when the relief money runs out. Landlords may be more open to negotiation than one might think, as renting units out at top dollar is difficult right now. 

For residential and commercial renters alike, mediation is a better, easier and far less costly way to resolve issues related to their lease agreements. It takes a lot of the stress and intimidating nature of handling these matters in court out of the equation. In addition, it allows everyone involved to make their own decisions about how they would like to construct a solution that works for all parties involved. It is better for all parties to sort this out, rather than scramble to deal with massive debts at the last minute. Professionals like myself are here to help people out of this mess in the least painful way possible!

If you are looking for more details on the LA county moratorium extension, click here to visit the LA county DCBA info page.