The California Apartment Association has filed a lawsuit against Los Angeles County, contesting a policy that further delays evictions for unpaid rent accrued during the pandemic.
The lawsuit challenges a provision in the county’s COVID-19 eviction moratorium that requires landlords to serve a 30-day notice to pay rent or quit for unpaid rent covered by the moratorium. Although the moratorium expired at the end of March, the noticing requirement remains in effect.
The lawsuit argues that the 30-day requirement is superseded by California state law, which requires only a three-day notice to pay rent or quit before initiating eviction proceedings.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.
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