Blog / Court decisions
Court Upholds Los Angeles One Month Eviction Threshold, Strikes Rent Increase Relocation Rule
- On April 15, 2026, the Court of Appeal (Second District, Division Seven) decided Apartment Association of Greater Los Angeles v. City of Los Angeles, No. B336071.
- The court upheld the City's Eviction Threshold Ordinance: a landlord may not evict for nonpayment unless the tenant owes more than one month of fair market rent.
- The court struck down the City's ordinance requiring relocation money for tenants who move out after certain rent increases on units not covered by rent control.
- The opinion is not published, so it cannot be cited as precedent in other cases, but it resolves these challenges for now.
The two ordinances
In early 2023, as pandemic protections ended, the City of Los Angeles adopted two permanent tenant protections that took effect March 27, 2023:
- Eviction Threshold Ordinance (No. 187763). No nonpayment eviction unless the unpaid rent is more than one month of HUD fair market rent for a unit of that size.
- Relocation Assistance Ordinance (No. 187764). For units not under the Rent Stabilization Ordinance, a tenant who chooses to leave after a rent increase above a set level could claim relocation assistance from the landlord.
The Apartment Association of Greater Los Angeles sued, arguing both ordinances were preempted by state law. The trial court sided with the City, and the association appealed.
Threshold upheld
The association argued that the threshold conflicts with the state unlawful detainer statutes, which let a landlord serve a 3 day notice as soon as rent is late. The court disagreed. It treated the threshold as a substantive limit on when a landlord may evict, which cities may adopt under their police power, rather than a change to state procedure. The court pointed out that the ordinance does not lengthen any statutory deadline, does not require an extra notice or cure period, and is measured in dollars rather than days. That distinguished it from cases that struck down local notice and cure requirements (see our article on city notice rules). The court noted it was not deciding whether a city could eliminate nonpayment as a ground for eviction altogether.
Relocation for rent increases struck down
The Costa-Hawkins Rental Housing Act lets owners of exempt units, such as newer buildings and many single family homes, set rents freely. The court held that making those owners pay relocation money when a tenant leaves after a lawful increase cuts into that right and frustrates the purpose of Costa-Hawkins, so the ordinance is preempted. The case was sent back to the trial court to enter judgment for the association on that claim.
What this means for Los Angeles landlords
- Check the threshold before every nonpayment notice in the City of Los Angeles. If the tenant owes one month of fair market rent or less, a nonpayment eviction is not available yet. Fair market rent is set by HUD each year by bedroom count.
- The City's just cause rules, notice filing requirements and relocation payments for no fault evictions are not affected by this decision.
- Because the opinion is unpublished, other cities' similar ordinances are not automatically decided by it, and a party may still seek further review. We will update this article if anything changes.
- In unincorporated Los Angeles County, a separate County rule now sets a two month threshold.
This article is general information about California law as of its date, not legal advice for your situation. Laws and local ordinances change, and court decisions can be reviewed or reversed. Reading it does not create an attorney client relationship.