Has the Coronavirus effected the Ability to Evict Tenants?

A lot of property owners and landlords are inquiring about the current status of eviction law and regulations in light of the COVID-19 Coronavirus. Has the virus effected the ability to evict commercial and residential tenants? The answer depends on where the property is located, but more than likely a property owner is facing a moratorium on his/her ability to evict until at least the end of May 2020.

 

On March 16, 2020, California Governor Gavin Newsom issued an executive order regarding evictions. The order did not ban evictions. Rather, it authorized California county and city governments to place a moratorium on evictions if such local governments deemed such actions appropriate. Many counties and municipalities have, and are, acting on the Governor’s authority.

 

On March 27, 2020, the City of Los Angeles, by executive order of Mayor Garcetti, placed a moratorium on all residential and commercial evictions “stemming from failure to pay rent” “as a result of loss of income related to the Coronavirus” until June 20, 2020. The foregoing language is broad enough to encompass virtually all evictions based upon a failure to pay rent. The County of Los Angeles passed a similar executive order on March 19, 2020, precluding residential and commercial evictions for nonpayment of rent due to “financial impacts related to” the virus. Again, the language of the order is so broad as to reach virtually all evictions. The Los Angeles County order applies to unincorporated areas of the county and may be secondary to local municipal orders. Incorporated cities and towns in Los Angeles County are free to make their own rules and regulations during the pendency of the Governor’s executive order.

 

Accordingly, based on the foregoing, the location of the property and the current local law in such jurisdiction will determine whether a property owner may proceed with an eviction or not. Before moving forward with any eviction, whether residential or commercial, a property owner should consult a legal professional as the legal environment is changing by the day.

 

 

Castleton Law Group
info@castletonlaw.com
(626) 810-9300
17800 Castleton Street, Suite 630, City of Industry, California 91748