The Ever-Changing Eviction Landscape in Los Angeles

California’s eviction laws have transformed significantly in recent years, responding to housing affordability challenges and natural disasters like the Los Angeles wildfires. The Tenant Protection Act of 2019 (AB 1482) introduced statewide rent caps and “just cause” eviction requirements, with SB 567 (2023) providing even more tenant protections. Now, LA City and LA County have introduced a “right to counsel” program, providing “free” legal services for those facing eviction. 

The Palisades and Eaton fires prompted additional protections, prohibiting evictions for non-payment of rent in fire-affected areas of Los Angeles County, including parts of Los Angeles City and unincorporated areas for tenants impacted by loss of income or property damage. (Click here for previous Ryan Firm Guidance on Tenant Fire Protections.)

Building on these protections, Los Angeles County (“County”) and the City of Los Angeles (“City”) introduced Right to Counsel ordinances in 2025, aiming to provide free legal representation for low-income tenants facing eviction. Effective January 1, 2025, for the County and April 1, 2025, for the City, these ordinances impose new obligations for landlords and provide certain tenants with both legal counsel, and additional legal protections.  This short note explores how these “Right to Counsel” ordinances impact the unlawful detainer space in Los Angeles.

Los Angeles City: Right to Counsel Ordinance

The City’s Right to Counsel Ordinance, effective April 1, 2025, provides free legal representation to some eligible tenants across the City.  It is funded by the Los Angeles City Mansion Tax and will be made available to some tenants in Zip Codes as determined by the Los Angeles Department of Housing (“Department”) – “Covered Geography.”  Even if your unit is not in “Covered Geography,” you still must comply with the new notice requirements as discussed below.  Although the ordinance has already been signed by the mayor, the Department has not yet announced the “Covered Geography.”

Eligibility

1. Tenants with household incomes at or below 80% of the Area Median Income (AMI, ~$77,700 for an individual, $110,950 for a family of four in 2025) qualify for full-scope legal representation to defend against an unlawful detainer.  As set forth below, the program is not fully-funded and not all eligible tenants will receive free legal services.

2. Qualifying tenants who receive an eviction notice or face unlawful detainer proceedings will receive free defense counsel – subject to funding availability.

   
   

Additional Landlord Burdens

1. For rental units in the City, Landlords must provide a notice of the right to counsel program (“RTCP Notice”) at commencement of tenancy.

2. Landlords must include a written notice with every eviction notice informing tenants of their right to free legal counsel and providing Stay Housed LA contact information (www.stayhousedla.org, 888-694-0040) and other legal service providers.  This should be done whether or not the unlawful detainer is based on non-payment of rent or a different ground for eviction.

3. The notices must be provided in the native language of the renter – if the language is a “Tier 1 Language” at the Department’s website.

4. Tenants can use landlord non-compliance with the new notice provisions as an affirmative defense in court, potentially delaying or dismissing eviction cases.

   
   

Implementation and Scope

1. The ordinance applies to all residential rental units in the City of Los Angeles, including single-family homes, apartments, and mobile homes, regardless of Rent Stabilization Ordinance status.

2. Due to limited funding from Measure ULA (a tax on high-value property sales, raising $632 million as of February 2025) and attorney shortages (~80 eviction attorneys available vs. 300 needed countywide), implementation is phased over 5–7 years, prioritizing high-displacement ZIP codes – “Covered Geography” (yet to be finalized by the Department).

   
   

Implications

While the City of Los Angeles’ recently announced budget shortfall of nearly $1 billion dollars, will certainly slow the rollout of free defense counsel for tenants, compliance with the new notice requirements is immediate, critical, and carries significant penalties.  Given that a landlord does not necessarily know a tenant’s exact income status, landlords should make it a priority to satisfy these new notice requirements.  Don’t hesitate to reach out to our team to guide you through this new process for your City of Los Angeles properties.

Los Angeles County: Tenant Right to Counsel Ordinance

The County’s Tenant Right to Counsel Ordinance, effective January 1, 2025, provides free legal representation for some tenants in unincorporated areas of the County. The program will be  administered by the Department of Consumer and Business Affairs (“DCBA”) through Stay Housed LA, and it builds on a program launched in 2020.

Eligibility

o   Tenants with incomes less than or equal to 80% Annual Medium Income in unincorporated areas qualify for full-scope legal representation to defend against unlawful detainer notices.  As with the City’s Right to Counsel Ordinance, not all eligible tenants will receive free legal services due to funding constraints.

Additional Landlord Burdens

o   Tenants can use landlord non-compliance with the new notice provisions as an affirmative defense in court, potentially delaying or dismissing eviction cases.

o   Landlords must provide each tenant with a notice of the Tenant Right to Counsel Program when a notice of default or notice to terminate tenancy is served upon the tenant.  The form must also be posted at the property in an accessible area.  This is a form published by the DCBA.

o   Notices of default must be multilingual (likely the City of Los Angeles Department of Housing’s 16 Tier I languages, though not explicitly specified) and delivered in accordance with the Civil Code.

o   Noncompliance by the landlord can result in $800 fines per violation (civil or criminal), up to six months jail, and attorney’s fees awardable to the tenant.  Each day that a violation is “committed, permitted or continued” constitutes a separate offense.  The constitutionality of these penalties have not been confirmed.

Implementation and Scope

o   Covers approximately 100,000 renter households in unincorporated areas.

o   Prioritizes cases based on income and displacement risk due to resource constraints; not all tenants who qualify will receive free legal services.

o   Sowing further chaos into landlord compliance, the entire chapter, including the landlord notice requirements, are “not enforceable during any period when the Program does not receive an annual appropriation.” 

Implications

Much like the City of Los Angeles’ right to counsel program, the County Right to Counsel Program is underfunded and will provide limited free legal services to tenants.  Landlords, however, are expected to immediately comply with all notice aspects of the program – with severe penalties for failure to comply.  As with evictions in the City of Los Angeles, given the landlords do not know the exact income status of their tenants and whether or not the program has been funded for the fiscal year, landlords should provide the Right to Counsel Notices with every unlawful detainer notice and otherwise comply with this new ordinance for every tenant and occupant.

How The Ryan Firm Can Help

               The Los Angeles City and County Right to Counsel ordinances, effective in 2025, add further twists to the Southern California eviction landscape.  Given the newly overlapping State, City and County eviction controls, what was once a relatively simple and straightforward area of the law has become complex – with significant dangerous pitfalls for the unwary.  The Ryan Firm has excelled at high-value, problem evictions in Los Angeles, San Francisco, Oakland, Venice, Santa Monica, and West Hollywood (and everywhere else where evictions are difficult) for decades, and stands ready to guide you through this process.  Don’t hesitate to lean on our team!