COMMERCIAL EVICTION MORATORIUMS UPDATE
Ventura County: On September 30, 2021, the current commercial eviction moratoriums protections in Ventura County expired.
Santa Barbara County: The County of Santa Barbara does not have any commercial tenant protections in place at this time. The information below is still applicable.
Los Angeles County: On September 28, 2021, the Los Angeles County Board of Supervisors adopted the Los Angeles County COVID-19 Tenant Protections Resolution (“COVID-19 Tenant Protections”), which extended certain protections previously in effect under the County’s Eviction Moratorium. The COVID-19 Tenant Protections provide affirmative defenses against evictions for residential and commercial tenants, including mobile home space renters, through January 31, 2022, unless repealed or extended by the Board. For further information on commercial evictions in Los Angeles County please review the Frequently Asked Questions
CLICK HERE.
- If a city has its own eviction protections, the County’s rules may not apply. However, effective on September 1, 2020, the Board established the County’s protections as a baseline for all Tenants in the County, with certain exceptions. This means that the provision in the County’s COVID-19 Tenant Protections that provides the strongest protection to Tenants will prevail. Please visit rent.lacounty.gov for a list of incorporated cities’ COVID-19 eviction protections in the County.
The EDC understands the significant impact COVID-19 has had on our business community. If your business has experienced economic injury due COVID-19, you do not have walk alone.
EDC Recommendations for Landlords & Tenants
NOTE: Both tenants and landlords need to be in communication with one another regarding the tenant’s ability to pay rent.
1. If you have not done so already, locate your original lease and all amendments, attachments and related documents.
- Communicate with your landlord regularly, and try to negotiate repayment of past due rent, if any. Review landlord & tenant specific negotiation strategies CLICK HERE.
2. Conduct financial projections to predict your revenue and expenses each month for the rest of the year, and perhaps the next 1-2 years. Then, conduct a realistic assessment of your business, and options to consider.
- Watch our recent webinar that provided actionable items for both tenants and landlords on: assessing your business finances, evaluating your business options and planning for negotiations CLICK HERE.
3. Determine if your area has continuing protections under local eviction moratorium laws (such as additional time to pay unpaid rent after the end of the moratorium period).
- Check specific county and city ordinances CLICK HERE.
4. Seek the advice of a professional, such as a CPA and real estate lawyer.
- Myers, Widders, Gibson, Jones & Feingold, LLP: We encourage businesses to consult and secure their own legal counsel. While that is an out of pocket expense, it is prudent and may help avoid higher costs down the line. Attorneys from Myers, Widders, Gibson, Jones & Feingold, LLP have presented at previous EDC events and are knowledgeable on this complex topic. They can be contacted by calling 805.644.7188 or by emailing info@mwgjlaw.com.
- Conflict Resolution Institute: CRI is a community-based non-profit organization that provides mediation services, conflict resolution training and conflict resolution education to individuals and businesses in Ventura, Santa Barbara & LA County. Their services are provided on a sliding scale based on income /gross revenue. Their team is available to help address commercial and residential disputes. They can be contacted by calling 805.384.1313 or by emailing Info@ConflictResolutionVC.org.
- EDC Small Business Development Center: Seek advice from an EDC SBDC financial advisor to review your cash flow management, rent or mortgage deferral impacts and specific financial concerns. To schedule your no-cost advising appointment please call 805.409.9159. Resources and advising are available in English and Spanish.
Additional Resources
- California Rent Relief Program: Qualifying residential renters and landlords are now eligible for 100% of rent and utilities owed CLICK HERE.
- Tenant and landlord protection guidelines, forms and resources from the CA Department of Real Estate CLICK HERE.
- For more information on COVID-19 related business resources and links to Social Services resources please visit our EDC COVID-19 Business Resource Page CLICK HERE.
- County of Santa Barbara Emergency Rental Assistance Program: Qualifying Santa Barbara County residential renters and landlords are now eligible for 100% of rent and utilities CLICK HERE.
This document is intended to be used as a starting point to help business owners prepare for local eviction protections to end. It is not comprehensive. While everything this article is intended to be accurate it is not intended legal advice and should not be relied on as such. To obtain legal advice please contact a licensed California attorney. The EDC does not endorse a particular law firm or practice.
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