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City News

Update Concerning Eviction Moratoriums

The City would like to provide tenants and landlords with a brief update concerning eviction moratoriums and rent deferment programs. Please note: The City is not able to provide legal advice to either tenants or landlords. Parties should rely on their legal counsel for opinions or guidance.

If you are a landlord or tenant of a residential property, the City’s Urgency Ordinance No. 1645 is no longer effective for residential properties as of September 30, 2020, at which time the 120-day period for repayment of past due rent started. Also, a new state law – The Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (AB 3088) (the Act) –  took effect on August 31, 2020. Moving forward, residential properties are subject to the terms and conditions of the Act. A summary of protection guidelines, forms, and resources for tenants, landlords, and homeowners can be found on the State’s website at https://landlordtenant.dre.ca.gov/ and include:

  • Until February 1, 2021, a landlord can only evict a residential tenant if they provide a legally valid reason.
  • By January 31, 2021, a tenant must pay at least 25% of the rent due during the period of September 1, 2020, through January 31, 2021.
  • Landlords who do such things as lock tenants out, remove personal property, or shut off utility services to evict a tenant, rather than going through the required court process, could face fines of between $1,000 and $2,500. These penalties are in effect until February 1, 2021.

If you are a landlord or tenant of a commercial property, the Governor signed Executive Order N-80-20 on June 30, 2020, which extended the authority of the City’s eviction moratorium (Urgency Ordinance No. 1645) for commercial properties only, through March 31, 2021.

  • Per Urgency Ordinance No 1645, a landlord may not evict a commercial tenant if the tenant demonstrates that the tenant is unable to pay rent due to financial impacts related to COVID-19.
  • Unless further extended by the Governor, tenants will have 120 days from April 1, 2020, to pay past-due rent obligations.

The City continues to encourage all landlords and tenants to work together to find mutually agreeable alternative arrangements to eviction during this period. If you have any questions regarding Urgency Ordinance No. 1645, please contact Senior Administrative Analyst Jeremy Frimond in the City Manager’s Office at jfrimond@lagunabeachcity.net or (949) 464-6673.