California’s eviction moratorium for nonpayment of residential rent ended September 30, 2021. October and later rent is due in full. However, residential tenants may still be protected from eviction if they apply for state rent relief. You can apply for help with past and future rent and utility payments here: https://housing.ca.gov/. Santa Monica tenants and landlords can also call 311 for help.
State law permanently protects residential tenants from eviction if they were unable to pay rent due between March 1, 2020 and September 30, 2021 because of COVID-19-related lost income or increased expenses. To be protected, tenants must return a declaration that their landlord must give them along with any eviction notice seeking collection of this rent. Even if a tenant has already provided a declaration each month, they should return this declaration as well. State law says that tenants must have paid 25 percent of rent due for September 2020 – September 2021 by September 30, 2021 in order to be protected. However, tenants who did not pay 25 percent may still be protected from eviction if they apply for state rent relief or their applications for state rent relief are pending. Residential tenants can call the Legal Aid Foundation at (800) 399-4529 for more information.
State law now also prohibits a court from issuing a summons in an eviction case unless the landlord declares under penalty of perjury that he or she applied for government rental assistance and was rejected; and provides a copy of the final rejection. This prohibition expires on March 31, 2022.
Even after March 31, 2022, tenants who can pay all the rent owed with the help of rental assistance now have more time to pay to avoid eviction. Tenants can contest or overturn an eviction at any time prior to leaving if they can show that with approved assistance and their own funds (if needed) they can pay all the rent owed. Tenants can do so even after getting a court ruling against them.
Protections against evictions for reasons other than nonpayment of rent have also been extended. On October 29, 2021, the City incorporated and adopted the County of Los Angeles eviction moratorium as it applies to residential tenants, with limited differences, as follows:
- Protections against "no-fault" evictions extended until January 31, 2022.
- Protections against owner move-in evictions, with limited exceptions, extended until January 31, 2022.
- Protections against evictions for nuisance or unauthorized occupants or pets extended until January 31, 2022.
- Owners may serve requisite notices for an Ellis Act eviction, but shall not file an eviction based on removal of a unit from the market under the Ellis Act until April 1, 2022.
The County Moratorium includes additional protections that apply to Santa Monica tenants, including protections against eviction for denial of entry to a landlord, and ongoing protections for commercial tenants. The City's ability to enforce these additional protections may be limited.
Can landlords give tenants eviction notices for nonpayment?
Yes. State law allows landlords to give tenants 15-day notices to pay or quit for nonpayment of rent due between March 1, 2020 and September 30, 2021, and three-day notices to pay or quit for rent due October 1, 2021, and after. Any eviction notice for nonpayment of rent due March 1, 2020 through September 30, 2021 must include a declaration of COVID-19-related financial distress form. A three-day notice seeking rent due between October 1, 2021 and March 31, 2022 must include a specific notice regarding rental assistance and eviction protections that go with rental assistance.
To be protected from eviction, tenants that receive a 15-day notice must sign and return the declaration of COVID-19-related financial distress form to the landlord within the 15 days of receipt. The declaration should be returned via US Mail and by email. Be sure to retain a copy. All tenants, including tenants who receive a 3-day notice for rent due after October 1, 2021, should apply for rental assistance if they have not done so already.
If I can’t be evicted, do I still owe rent? Can landlords sue tenants for unpaid rent?
Yes, neither Santa Monica’s eviction moratorium nor state law cancels rent. While state and local law protects you from eviction for nonpayment of rent during the covered period, the unpaid rents are still owed to the landlord as a form of consumer debt, and your landlord can sue you to recover and collect some unpaid rents in small claims courts or other civil courts beginning November 1, 2021. State law also now requires anyone who sues a tenant to recover unpaid COVID-19 rental debt to include documentation showing that the plaintiff has made a good-faith effort to find out whether governmental rental assistance is available to the tenant; seek governmental rental assistance for the tenant; or cooperate with the tenant’s efforts to obtain rental assistance from any governmental entity or other third-party.
How does the state rental-assistance program work?
Eligible landlords and tenants can receive 100 percent of deferred rent and utilities through state rental assistance. This is not a City program and we do not have any additional information. You can find more information at http://housing.ca.gov.
Can landlords charge late fees on deferred rent?
No. Both state law and local eviction moratoriums prevent landlords from charging late fees on rent due from March 1, 2020 through September 30, 2021.
Do tenants have to show documentation to qualify for state eviction protection?
Under state law protections, only “high-income tenants” (those earning more than $100,000 in household income or more than 130 percent of median household income, whichever is greater) must provide documentation upon request. However, landlords can only require documentation if they have evidence of tenants’ high-income status before serving a nonpayment eviction notice. For more information about the documentation requirement for high-income tenants, please visit https://landlordtenant.dre.ca.gov/faqs.html
What if the landlord tries to evict for another reason in retaliation for not paying rent, or locks a tenant out?
State eviction protections protect tenants who defer rent from retaliatory evictions. The City’s moratorium protects tenants from nearly all other types of eviction. Changing the locks, or self-help eviction, is always illegal without a court order.
Can landlords use tenants' security deposits to cover unpaid rent?
A landlord can't use a tenant's deposit to cover deferred rent in an ongoing tenancy unless the tenant agrees to the arrangement in writing. However, if the tenant is moving out, state law allows landlords to use tenants' security deposits for unpaid rent, including rent deferred because of the COVID-19 pandemic.
- Santa Monica's Right to Counsel project provides legal assistance to tenants facing eviction amid the COVID-19 pandemic. It's available to Santa Monica tenant households whose income is at or below 80 percent of the County’s Area Medium Income (“AMI”) (Los Angeles County’s 2021 AMI is $80,000), and facing eviction attempts by their landlord. The program is available to qualifying Santa Monica tenants regardless of their immigration status and is accessible at www.stayhousedla.org.
- Legal Aid Foundation of Los Angeles provides free, high-quality legal services to more than 100,000 people living in poverty across Greater Los Angeles. Visit lafla.org for more information.
- Bet Tzedek is a nonprofit legal service provider that provides free, comprehensive legal representation and other services to more than 20,000 people every year. Visit https://www.bettzedek.org/our-services/rapid-response/ or call (323) 939-0506 for more information. Bet Tzedek provides services without considering immigration status.
- LA Represents is coalition of law firms, bar associations and attorneys who will enhance their existing pro bono commitments to legal aid organizations to provide COVID-19-related legal services. Visit corona-virus.la/LARepresents for more information.
There are many additional educational resources available. The state has created an educational website. The county has also created an educational website. The state website provides a summary of protections, frequently asked questions (FAQs), and an app to provide information tailored to your situation. The county website provides a summary of your rights under the state law, information about know your rights workshops held over video and phone, and an online tool to help you connect with an attorney
Do landlords have obligations under state law?
Yes. State law requires landlords to send this notice to tenants by February 28, 2021 to tenants who have deferred one or more rent payment between March 1, 2020 and September 30, 2021.
Do landlords have obligations under local law?
Yes. Through January 31, 2022, residential landlords must send unredacted copies of any notices of any endeavors to evict (pandemic-related or not), including a termination notice (for example, the 15-day Notice required by the COVID-19 Tenant Relief Act of 2020) or a Summons and Complaint for Unlawful Detainer, within two days of serving such notice or summons and complaint on a tenant. Landlords must also send the following information within three days of its availability to landlord: 1) whether tenant obtained a fee waiver; 2) whether tenant has legal representation; 3) whether landlord has legal representation; and 4) outcome of the endeavor to evict. Landlords can submit all required notices and information to EMReports@santamonica.gov.
What resources are available for landlords?
- The governor of California has reached an agreement with mortgagers for a grace period. More information is available here: https://covid19.ca.gov/get-financial-help/#top
- Los Angeles County offers free foreclosure prevention services. More information is available here: https://covid19.lacounty.gov/covid19-news/free-foreclosure-prevention-services-property-owners-financial-hardships/
- There are also federal programs in place for properties that are backed by federal mortgages. A landlord should speak with their bank to find out if they qualify.
Can a landlord pursue back rent through an eviction process even though the landlord has also obtained relief or compensation from another source?
No. The eviction moratorium prohibits a landlord from using the eviction process to recover delayed rent if the landlord has already been compensated for the unpaid rent through federal or state government relief funds or other programs that provide such compensation.
Can a landlord attempt to evict a tenant who denies entry to the landlord?
Tenants may be protected under the LA County Eviction Moratorium.
Can a landlord attempt to terminate the tenancy or evict a tenant who has an unauthorized occupant or animal, or is causing a nuisance?
Tenants are protected by the City's moratorium, incorporating and adopting the Los Angeles County Eviction Moratorium for residential tenants, with some differences.
Does the moratorium provide tenants with any affirmative defenses in case a landlord files an eviction lawsuit against the tenant, in violation of the moratorium?
Yes. The moratorium grants an affirmative defense that may be raised at any time in an eviction lawsuit (also known as an unlawful detainer action) if a landlord files the lawsuit in violation of the moratorium.
The moratorium says that “a landlord may not deceive a tenant in connection with . . . this Order.” What does that mean?
A landlord cannot intentionally or carelessly provide false information about the protections provided by the moratorium, or what the moratorium requires landlords or tenants to do. Providing incomplete information could also be a violation.
What should a tenant do if a landlord serves an eviction notice, files an eviction lawsuit against the tenant, or provides false or misleading information, in violation of the moratorium?
Tenants can complain to the City Attorney’s Office if landlords don’t comply with the moratorium. If informal efforts to get the landlord to rescind notices fail, the City may issue a fine of $1,000 or file a lawsuit. Also, the tenant or the City can sue the landlord for violations the Tenant Harassment Ordinance. The maximum civil penalty for a violation of the Tenant Harassment Ordinance has been increased from $10,000 to $15,000 during the emergency.
Please note: The City Attorney’s Office cannot represent tenants in eviction lawsuits (unlawful detainer actions) or other legal proceedings, and any enforcement action the City Attorney’s Office takes against the landlord will not stop the eviction action or other legal proceedings. Therefore, if the landlord files an unlawful detainer action, the tenant should immediately seek his or her own legal counsel. Tenants can use the eviction moratorium as an affirmative defense to eviction if it applies.
Santa Monica's eviction moratorium for commercial tenants protects eligible commercial tenants from eviction until September 30, 2021 if certain conditions are met. For rents due between March 18, 2020 and September 30, 2020 a Commercial Tenant 1 that provides proper notice and documentation cannot be evicted for nonpayment until after September 30, 2021. For rents due between October 1, 2020 and March 31, 2021, eligible commercial tenants must pay 50 percent of rent owed and can defer the other 50 percent. They are not required to pay 50 percent for any period during which they were required to remain closed because of the County Safer at Home Order, or were required to remain closed or restricted to curbside pickup and delivery. Santa Monica's eviction moratorium for commercial tenants does not extend to rent due after March 31, 2021.
For rent due between April 1 and January 31, 2022, eligible commercial tenants may be protected by the County of Los Angeles Eviction Moratorium for Commercial Tenants. For more information, please visit, https://dcba.lacounty.gov/noevictions/
Whether or not a commercial tenant is covered by the Santa Monica moratorium depends on the type of business. There are three categories of commercial tenant:
Commercial Tenant 3 - Multi-national companies, publicly traded companies, any company that, with its affiliates, employs more than 100 employees, or any company that has earned more than $15 million over the previous three years. Commercial Tenant 3s have no protections under the moratorium. For some of these tenants, protections provided by prior versions of the moratorium were in effect until June 30, 2020.
Commercial Tenant 2 – All protections for Commercial Tenants 2 were phased out on September 1, 2020 and they are no longer covered by the moratorium. If rent was paid by August 31, 2020, or any extended date, a landlord may not charge or collect a late fee, penalty, or interest.
Commercial Tenant 2s are defined as businesses that meet all the following criteria:
- Not a Commercial Tenant 3
- In an office work space
- Do not collect sales tax on revenue or collect sales tax on less than half of revenue
- Do not provide medical, dental, veterinary, fitness, educational, or child, marriage, family, mental health, or substance abuse counseling services.
- Are not a “substantially limited business” as that term is defined in section 1(b)(i) of the moratorium. These include businesses highly affected by the pandemic and public health orders, such as restaurants and barbershops that had to close.
Commercial Tenant 1 – Not a Commercial Tenant 2 or 3.
Commercial Tenant 1s are protected from eviction until September 30, 2021 if certain conditions are met. For rents due between March 18, 2020 and September 30, 2020 a Commercial Tenant 1 that provides proper notice and documentation cannot be evicted for nonpayment until after September 30, 2021.
For rents due between October 1, 2020 and March 31, 2021, Commercial Tenant 1s must pay 50 percent of rent owed and can defer the other 50 percent. They are not required to pay 50 percent for any period during which they were required to remain closed because of the County Safer at Home Order, or were required to remain closed or restricted to curbside pickup and delivery.
If rent is paid by September 30, 2021 a landlord may not charge late fees or penalties. If rent is paid by June 30, 2021, a landlord may not charge or collect interest.
Eligible commercial tenants must provide notice and documentation within 30- days after rent is due. What notice and documentation is required depends on the type of Commercial Tenant 1.
For “substantially limited businesses” (see definition above), notice and documentation that indicates any loss of income or increase in expenses due to COVID-19 is sufficient. A statement written by the tenant in a single communication may constitute both notice and documentation.
Any other commercial tenant 1 must provide the following:
- Notice asserting that the tenant has suffered financial impacts related to COVID-19 that have resulted in a substantial loss of income or substantial increase in expenses that has materially negatively affected its ability to pay rent; and
- Supporting documentation sufficient to demonstrate that the loss of income or increase in expenses:
- (A) is related to COVID-19; and
- (B) has a material negative effect on the tenant’s ability to pay rent.
Supporting documentation may include, but is not limited to, a profit and loss statement, a letter from an accountant, or a written explanation setting out an objectively verifiable explanation of the financial impacts the tenant is experiencing.
Any Commercial Tenant 1 that has received compensation for financial impacts related to COVID-19 through business interruption insurance or federal or state government relief funds or other programs that provide such compensation must state the compensation received, which shall be considered when determining whether the tenant has experienced a substantial loss of income or substantial increase in expenses that has materially negatively affected its ability to pay rent.
For additional questions, call 310-458-8336 or email email@example.com.