Eviction Moratorium Extended
Assembly Bill 832 has now extended the State of California’s moratorium through September 30, 2021. Based on how the law is drafted, I am confident that this will be the last extension. As such, all tenants should be required to pay rent for the month of October 2021.
If rent is not paid for October 2021, you will be able to serve a standard three-day notice to pay rent or quit and proceed with an eviction.
However, as to rent owed prior to October 2021, the tenant will be responsible for 25% of the rent for the period of September 1, 2020 through September 30, 2021. This is a total of 13 months.
You will be able to bring forth an eviction for those rents commencing October 1, 2021, if the tenant fails to pay the 25% required. However, you are required to first apply for rent assistance through a new State-sponsored program which will afford landlords 100% of the rent – if the State’s criteria are met. At the time of the writing of this column, this new program has not yet been finalized. As to the remaining rent owed, that is now considered civil debt.
If this amount is not paid, a civil suit may be brought as of November 1, 2021. A lawsuit can also be brought in small claims court. The jurisdictional limit will be increased in small claims court so that you can demand all rent owed for this period.
Permissible Rent Increases – Statewide Rent Control
Under Statewide Rent Control you are entitled to a yearly increase in the sum of 5% PLUS the CPI as published in April for each year. For this year the CPI for Los Angeles, Orange, Riverside, and San Bernardino County is 3.6%. For San Diego County, the CPI is 4.1%. You will need to serve a 30-day notice to increase the rent.
If your property is not subject to any rent control, there is no limitation on the rent increase. If you are attempting to raise the rent in excess of 10%, a 90-day rent increase is required.
Dennis Block, of Dennis P. Block & Associates can be reached for information on landlord/tenant law or evictions at any of the following offices: Los Angeles: 323.938.2868, Encino: 818.986.3147, Inglewood: 310.673.2996, Long Beach: 310.434.5000, Ventura: 805.653.7264, Pasadena: 626.798.1014, Orange: 714.634.8232, San Diego: 619.481.5423 or by visiting www.evict123.com. Now, you can also read Dennis Block on Twitter, www.twitter.com/dennisblock or text him at (818) 570-1557. “Landlord Tenant Radio Weekly Podcasts can be heard at any time at www.EVICT123.com or download the app “EVICT123”.