The Los Angeles County Rent Stabilization Ordinance (RSO) is a set of regulations designed to protect tenants in unincorporated areas of the county by limiting rent increases and establishing eviction protections.
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For a nonpayment of rent case in Los Angeles County, a landlord must follow these steps:
- Determine if Rent Owed Exceeds the Monetary Threshold
- A tenant can only be evicted for nonpayment of rent if the total rental debt owed exceeds one month of fair market rent for the Los Angeles-Long Beach-Glendale, CA HUD Metro FMR Area. The threshold is set annually by HUD and depends on the number of bedrooms in the rental unit.
- Serve a Written Notice
- The landlord must serve the tenant with a written notice in accordance with California Civil Code sections 1946 through 1946.5 and California Code of Civil Procedure section 1161.
- The notice must specify:
- The amount of rent due
- The fair market rental value of the unit
- The number of bedrooms in the unit.
- Wait for the Tenant’s Response
- The notice must provide a period (not less than three days) for the tenant to pay the owed rent.
- File an Eviction Lawsuit (Unlawful Detainer)
- If the tenant does not pay within the notice period, the landlord may file an unlawful detainer lawsuit in court to seek a formal eviction.
- Comply with Additional Requirements
- The landlord must also:
- Not accept rent beyond the termination date.
- Submit a copy of the termination notice to the Los Angeles County Department within five days after serving the tenant.
- The landlord must also:
These steps ensure compliance with county regulations while pursuing an eviction for nonpayment of rent.
For an Owner Move-In Eviction under the Los Angeles County Rent Stabilization Ordinance, the landlord must comply with the following requirements:
- Good Faith Requirement
- The landlord or their qualified family member must move into the unit as their principal residence within 60 days after the tenant vacates.
- They must occupy the unit for at least three (3) years, unless extenuating circumstances apply.
- Tenant Displacement Conditions
- If the rental property contains three (3) or more units, the landlord must attempt to occupy a vacant unit first before displacing a current tenant.
- If no vacant units are available, the landlord can displace the most recent tenant.
- Written Notice Requirement
- A 60-day written notice must be given to the tenant before termination.
- The landlord must disclose to the county the name of the individual who will occupy the unit and their relationship to the landlord.
- Ownership Requirement
- The landlord must own at least 50% of the rental unit or hold at least 50% interest in a trust that owns the unit.
- A landlord with less than 100% ownership can only occupy one unit, while a landlord with 100% ownership may occupy up to two units.
- Restrictions Based on Tenant Status
- If the tenant or a household member is:
- 62 years or older, the landlord or their family member must also be 62 years or older.
- Disabled, the landlord or family member must also be disabled.
- Terminally ill, the landlord or family member must also have a terminal illness.
- Low-income, the landlord or family member must also be low-income.
- If the tenant or a household member is:
- Tenant’s Right to Return
- If the landlord or their family member moves out within three (3) years, the displaced tenant has the right of first return to the unit at the previous rent-controlled rate.
- Relocation Assistance
- The landlord must pay relocation assistance to the tenant based on county guidelines.
These rules help ensure that owner move-in evictions are conducted fairly and prevent misuse of the provision.
The difference between Fully Covered Rental Units and Partially Covered Rental Units under the Los Angeles County Rent Stabilization Ordinance is as follows:
Fully Covered Rental Units
- Definition: These are rental units in the unincorporated areas of Los Angeles County that include two or more dwelling units, for which a certificate of occupancy was issued on or before February 1, 1995.
- Includes: Mobile homes in a mobile home park offered for rent, regardless of the certificate of occupancy date.
- Exemptions:
- Rental units with a certificate of occupancy issued after February 1, 1995.
- Accessory dwelling units unless they were occupied on or before February 1, 1995, and the tenant provides evidence of occupancy.
Partially Covered Rental Units
- Definition: These are rental units in unincorporated areas of the county that meet one or more of the following criteria:
- Newer Rental Units: Units that received a certificate of occupancy after February 1, 1995, unless otherwise exempt.
- Individually Transferable Units: Units that are separately transferable from the title of other units, such as single-family homes, condominiums, and stock cooperatives.
- Subdivided Interests: Includes subdivided properties as defined under California Business and Professions Code.
Key Difference
- Fully Covered Units are subject to rent stabilization and tenant protections under the ordinance.
- Partially Covered Units have limited protections and may not be subject to rent control in the same way.
These distinctions are critical for determining rent increase limits, eviction protections, and relocation assistance eligibility.
California has some of the most stringent tenant protection laws in the country. Landlords seeking to evict a tenant must strictly adhere to state and local regulations to avoid delays, fines, or case dismissals. The eviction process, also known as an unlawful detainer action, requires careful compliance with specific legal steps.
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