Experienced Real Estate And Business Attorney

Covid-19: Court is limiting all Evictions Unless the Public Safety is at risk

On Behalf of | Mar 23, 2020 | Civil Procedure, Covid-19, Landlord Tenant |

The current law is only staying evictions or unlawful detainer actions for non-payment of rent.  Please read this memo: July 14, 2020 Updated Letter to Clients re COVID-19 – UD

Civil trials will probably be continued until after November 1, 2020 if it is a short matter, e.g. court trial.  Jury trials will (may) be in 2021.  The backlog will force most civil trials to be continued for months after that.  Most civil court hearings will be continued as well.  Issuance of new summons’ and Default judgments are stayed unless the public health is at risk.  Trials are also to be delayed 60 days unless the pubic health is at risk.  Read more here: April 6, 2020 Court Emergency Order on Summons, trials, etc.

If a tenants does not pay the rent,, the money is still due.  Tenants must prove an inability to pay the rent caused by the Covid-19 harm to business effects and the tenant will have one year to pay it back.  There are some technical legal issues, but landlords and tenants are encouraged to make a re-payment plan, however, there is a “legal secret” behind that to the detriment of landlords.  Nevertheless, I expect a flood of evictions from these issues.  The problem is even if your eviction case concerns “health or safety” multiple ex parte hearings are required.  I estimate the average eviction (for  a serious health or safety issue) will cost $10,000+.  My estimate is $15,000-$20,000.  The court’s eviction related rules are also here Los Angeles Superior Court Eviction and Other Rules