California Eviction Moratorium Updates

Updated 11/18/24

What should we expect to happen once the California eviction moratorium ends September 30, 2021? Here’s a California eviction moratorium update and what we currently know as of September, 2021.

In 2024, California has implemented or is planning updates to eviction laws and renter protections that landlords should be aware of:

1. Just Cause Eviction Law Updates (Effective April 1, 2024): Landlords must have “just cause” to terminate a tenancy if the tenant has lawfully occupied the unit for at least 12 months. Reasons include at-fault causes like non-payment or lease violations and no-fault causes such as owner move-ins or substantial remodeling. No-fault evictions require landlords to provide relocation assistance equal to one month’s rent. Clear documentation and compliance with new regulations, such as providing permits for remodels, are essential.
2. Rental Increase Cap: The statewide cap on rent increases (5% plus inflation or 10%, whichever is lower) remains in effect until January 1, 2030. Landlords violating this limit can face significant penalties, including up to three times the overcharged rent in damages.
3. Security Deposit Limits (Effective July 1, 2024): Assembly Bill 12 restricts security deposits to one month’s rent for all rentals unless landlords qualify as “small landlords” under specific criteria. This change aims to reduce upfront costs for renters but gives landlords time to adjust.
4. COVID-19 Protections Expiration: While most pandemic-related renter protections have ended, local governments like Los Angeles maintain specific tenant safeguards, including limited rent increases and protections against certain types of evictions.

These updates emphasize the need for landlords to stay compliant with both state and local regulations. Consulting with a legal or property management expert is advisable to ensure compliance and avoid penalties.

COVID-19 Rental Debt Due Between Sept. 1, 2020 – Sept. 30, 2021

If your tenant has delivered a signed declaration of COVID-19 related financial hardship, the landlord cannot:

• charge additional fees for non-payment of rent.
• charge or increase any fees for a service that has been previously provided free of charge.
  • Exception: If your tenant received the funds provided by the California Rental Assistance Program and hasn’t paid the rental debt in full within 15 days, excluding weekends and holidays, the landlord is allowed to charge a late rent fee that does not exceed what you would normally charge for one late payment.

Once the moratorium officially expires (as of October 1st, 2021) a landlord can file an unlawful detainer in eviction court if a tenant has failed to

• pay 25% of COVID-19 rental debt that was due between Sept. 1, 2020 and Sept 30, 2021.

Before a judge can grant you a summons in eviction court, the landlord must:

• provide proof that he or she applied for the California rental assistance program and was denied, or
• Declare under penalty of perjury that the landlord applied for the California rental assistance program and has not received a response from either the program or the tenant after 20 days.

If the landlord cannot show proof that they either applied to the rental assistance program and were denied or have not received a response after 20 days of applying, the court will dismiss the case.

COVID-19 Rental Debt Due As of Oct. 1, 2021 – Mar. 31, 2022

If landlord files an eviction against a tenant for failure to pay COVID-19 related rent between Oct. 1, 2021 and Mar. 31, 2022, the summons will not be awarded to the landlord unless you show proof (documents) that the landlord

• Applied for the California Rental Assistance program and was denied, or
• Declare under penalty of perjury that the landlord applied for the California rental assistance program and has not received a response from either the program or the tenant after 20 days.

If the landlord cannot show proof that they either applied to the rental assistance program and were denied or have not received a response after 20 days of applying, the court will dismiss the case.

New tenancies that begin as of Oct. 1, 2021 are not controlled by these rules and the Tenant Protection Act (Civil Code 1946.2) and local eviction ordinances should be considered before filing for an eviction.

If you are ending a tenancy (or not renewing the lease, in other words), you must give your tenant proper notice and include a UD-101 Plaintiff’s Mandatory Cover Sheet.

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Updates on Local/Municipal Eviction Moratoriums and Extensions

Los Angeles County

9/30/21 – The Los Angeles County Temporary Eviction Moratorium has been renamed as COVID-19 Tenant Protections Resolution and eviction protections have been extended through January 31st, 2022. Read more.

City of Fresno

9/30/21 – Eviction protections for failure to pay rent will not expire on September 30, 2021 in the City of Fresno. The local eviction moratorium set in place in March, 2020 states that the protections will “end” when the local emergency declaration remains in place. Since the local emergency declaration remains in place, so does the local eviction moratorium. There is no date set yet as to when this could happen.

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If you have any questions, please contact us for assistance. Stay tuned for the next California Eviction Moratorium update.