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THE EVICTION MORATORIUM ONLY BARS EVICTION FOR NON- PAYMENT OF RENT; NUISANCE AND CRIMINAL CONDUCT REMAIN A LEGITIMATE BASIS FOR EVICTION

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Wednesday July 7, 2021
THE EVICTION MORATORIUM ONLY BARS EVICTION FOR NON- PAYMENT OF RENT; NUISANCE AND CRIMINAL CONDUCT REMAIN A LEGITIMATE BASIS FOR EVICTION

Last week, we discussed the fact that the moratorium on evictions was extended. Today,
we will discuss the reality that landlords have been able to evict tenants notwithstanding the
moratorium. Since the Summer of 2020, thousands of tenants have been evicted. 96% of the
counties in California have enforced at least 7,677 lockouts between July 2020 and March 2021;
Los Angeles County was responsible for roughly 33% of these lockouts.

While most moratoriums were enacted to prohibit evictions for non-payment of rent, that
still allows for evictions for other reasons; For example, a tenant can still be evicted if they
commit a crime on the premises or behave in a way that is considered a nuisance. The pace of
evictions has been increasing; There were 4,002 evictions in Q3 and Q4 of 2020, whereas there
were 3,675 in Q1 of 2021.

Owners of rental properties have been understandably frustrated by the moratorium,
particularly because the moratorium has the net effect of defeating the purpose of owning a
rental property in the first place. While it is true that California has stated it would cover back-
rent owed, most landlords will be waiting a long time to recoup those costs. Given that many
tenants are not making full, or any, payments on rent, it is incredibly difficult to remove problem
tenants from your property; they will almost certainly argue they were evicted in violation of the
moratorium. As such, the prudent landlord will make sure to establish precisely why the eviction
is taking place (e.g., document conduct they deem a nuisance).

At the Chernov Team we understand that knowledge is power, and knowledge of how to
remove a problem tenant from your rental property without subjecting yourself to massive
liability is powerful knowledge indeed. At the Chernov Team we know that whoever comes to
the table most prepared leaves with the most, and the Chernov Team always leaves the table with
the most.

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