In a significant legal victory for the California Apartment Association and rental housing providers in Los Angeles County, a Superior Court judge has struck down the county’s extended 30-day eviction notice requirement for some COVID-19 rental debt.

Judge Mitchell Beckloff’s ruling, posted Jan. 23 and reflected in this judgement, addresses a lawsuit filed by CAA in April 2023. The association contested a Los Angeles County resolution adopted in January 2023 that mandated landlords provide a 30-day notice to pay or quit before proceeding with evictions for rent arrears deferred under the county’s eviction moratorium. This requirement, implemented as the county’s pandemic-era eviction moratorium was nearing its end, significantly deviated from California’s standard three-day notice requirement under state law.

By that time, landlords in Los Angeles County had endured a prolonged COVID-19 eviction moratorium, which had been extended multiple times since spring 2020, leaving many unable to collect rent and unable to evict for the nonpayment. This period of uncertainty and strain for housing providers culminated in the county’s decision to implement the extended 30-day notice requirement for evictions.

The court’s decision affirms CAA’s consistent stance that the 30-day notice conflicted with the state’s Code of Civil Procedure section 1161(2), which prescribes a three-day notice period for rent delinquencies. The ruling highlights the distinction between substantive and procedural aspects of eviction laws, asserting that while local governments can establish substantive defenses to eviction by limiting the ground on which a tenant can be evicted, they cannot alter established procedural processes under state law.

“This ruling is important not only for the real-life impact it has on rental housing providers in Los Angeles County but also for the message it sends to policymakers: They cannot simply disregard the law in the interest of political gain,” said Whitney Prout, CAA’s executive vice president of legal affairs.

By granting a “writ of mandate” to CAA, the court ordered Los Angeles County to revert to the state’s standard three-day notice for evictions. This decision aligns with state law, providing clarity and consistency between state and local law in the eviction process and reflects CAA’s longstanding advocacy for rental housing providers, especially considering the challenges presented by the COVID-19 pandemic.

CAA continues to champion the rights of rental housing providers, ensuring their interests are represented amidst evolving industry regulations.