The California Apartment Association is pushing for a prompt resolution to its lawsuit challenging Los Angeles County’s prolonged eviction timeline for COVID-19 rental debt.
Under L.A. County’s eviction moratorium, landlords must give tenants a 30-day notice for unpaid rent before initiating an eviction for nonpayment. This contrasts sharply with California’s usual three-day notice requirement.
In April, CAA filed its lawsuit contesting this policy, which further delays evictions for unpaid rent accrued during the pandemic. The association’s motion for judgment, filed Friday, Oct. 6, requests the court to rule in its favor without the need for a trial. It argues that the 30-day requirement is superseded by California state law, which requires only a three-day notice to pay rent or quit before initiating eviction proceedings. Case law has held that while local governments can enact substantive defenses to eviction, they cannot interfere with state law eviction procedures.
In March, CAA prevailed on a similar claim in its lawsuit against Pasadena’s rent control and just-cause eviction measure. In that case, Pasadena’s law sought to extend the notice period for owner-move-in and Ellis Act evictions to six months. In most cases, state law requires only 60 days’ and 120 days’ notice, respectively, though a shorter or longer period is sometimes required.
L.A. County has until Nov. 6 to file its response to CAA’s motion. A hearing on the motion is scheduled for Dec. 6.