• Sasha Struthers

Update: California and Los Angeles City/County Commercial Eviction Moratoriums 2021

Updated: February 18, 2021

Residential eviction moratoriums are heavily documented about all over given the latest on AB3088/SB91. However, commercial landlords are always falling heavily victim to the weight of commercial eviction moratoriums. Here are the moratoriums in place for California, Los Angeles City and Los Angeles County.

California Eviction Moratorium- Set to Expire 3/31/21

First, here is the chain of executive orders by Governor Newsom pertaining to the commercial eviction moratoriums. N-80-20 being the most current.

N-28-20 Para 2 - Extended by N-66-20 Para. 21 & N-71-20 Para. 3 - Extended by N-80-20.

The protections under California's commercial eviction protect tenants from being evicted for non-payment of rent if tenant can prove inability to pay rent related to COVID-19 and such proof is documented.

Los Angeles City Eviction Moratorium- Set to Expire- TDB when Mayor Garcetti Declares Emergency Over

Under Los Angeles City's commercial eviction moratorium found in Emergency Order. 186585 Sec. 49.99.3, landlords cannot evict commercial tenants for failure to pay rent during the local emergency. After the local emergency is declared over tenants will have 3 months to pay back rent.

BUT-this actually gets replaced by Los Angeles County's eviction moratorium which has greater protections, see next section.

Los Angeles County Eviction Moratorium- Set to Expire 2/28/21

LA County's original eviction moratorium, extended by this 1/5/21 motion. By the latest 1/5/21 motion, LA County actually covers all unincorporated and incorporated cities, including Los Angeles City, to the extent Los Angeles City offers weaker protections.

Los Angeles County goes a step further than Los Angeles City and prohibits landlords from evicting tenants for (1) failure to pay rent or (2) reasons amount to no-fault eviction under the County code, unless related to health and safety during the eviction moratorium. No-fault in the code covers residential, but it appears through this emergency order it is now extended to commercial. After the expiration of the moratorium, commercial tenants with 0-9 employees with have 12 months to pay back rent and commercial tenants with 10-100 employees will have 6 months to pay back rent.

"Commercial tenants with nine (9) employees or fewer, may provide, and Landlords must accept, a self-certification of inability to pay rent, and are required to provide notice to the Landlord...Commercial tenants with ten (10) or more, but fewer than 100, employees must also provide written documentation demonstrating financial hardship along with notice provided to the Landlord..." (1/5/21 Motion).

If you are a landlord with questions about this topic or other landlord-tenant law you may contact me by phone at (818) 306-0686 or by email at sasha@struthers.legal

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The information in this post is for general information purposes only. Nothing on this post should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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