Last updated: April 8, 2020 at 6:39 pm
During this global health crisis, our primary concern is the safety and well-being of our students, employees and communities. Many of our students who live off-campus in non-university housing have reached out with questions. To assist, we have put together the following information to some frequently asked questions regarding students’ rights and responsibilities in light of the current COVID-19 outbreak.
Properties managed by private landlords may have updated processes. The best way to get information about what is happening in your building is to contact your property management if you have questions.
The information provided below applies only to the City of Los Angeles; it is based on orders Mayor Garcetti issued. If you live in a nearby city such as West Hollywood, Inglewood or Santa Monica, please check with your local leaders to see if they have issued similar orders.
If you are facing a dispute with your landlord, USC’s Undergraduate Student Government (USG) and Graduate Student Government (GSG) provide free 30-minute legal counseling appointments via phone every Monday from 4-9 p.m. Students can make an appointment online.
This depends on the specific language of your lease, where you live, and whether you or a household member has an illness related to COVID-19.
On March 23, 2020, Mayor Garcetti issued a Public Order for the City of Los Angeles prohibiting “no-fault evictions” of residential tenants until April 19, 2020 “if the eviction is a ‘no-fault eviction’ and any member of the household is ill, in isolation, or under quarantine.” This means that if you or a household member has a COVID-19-related illness and the term of your lease ends, or you have followed the terms of your lease and your landlord gives you a notice that the lease is ending anyway, you are likely protected from being evicted until at least April 19, 2020.
Other recent orders from Mayor Garcetti also likely protect you if your landlord tries to evict you for not paying rent, assuming that you were unable to pay rent for certain reasons related to COVID-19 (see below).
It depends on your personal situation, the language of your lease and where you live.
On March 15, 2020, Mayor Garcetti issued a public order for the City of Los Angeles that temporarily prohibits landlords from evicting tenants who can show that they are unable to pay rent due to circumstances related to the COVID-19 pandemic, including: (a) loss of income due to a COVID-19 related workplace closure; (b) child care expenses due to school closures; (c) health care expenses related to being ill with COVID-19 or caring for a household member who is ill with COVID-19; and (d) reasonable expenses stemming from government-ordered emergency measures.
Please note that the Mayor’s Order only protects people who are unable to pay rent—if you are financially able to pay rent, you likely still have to do so.
And because tenants are only protected if they can show that they are unable to pay rent due to COVID-19, if you think you qualify for protection it is a good idea to keep thorough records (expense receipts, copies of letters, emails, and text messages, etc.) showing how the COVID-19 epidemic is preventing you from being able to pay rent.
Also, please remember that under Mayor Garcetti’s current order, you will still have to pay the rent back. As of now, tenants who qualify for protection under the order have six months after the current emergency period ends to pay back any rent they owe. It is also unclear whether your landlord will be allowed to impose any penalties, or collect interest, because you did not pay rent on time.
It depends on the language of your lease. Some leases contain a clause known as force majeure, which allows the lease to be terminated due to natural disasters or other “acts of God.” If your lease has this type of clause, especially if it specifically mentions an epidemic, pestilence, or other disease outbreak, you may be able to terminate the lease.
California courts also recognize an equitable “doctrine of frustration,” which may provide another basis for you to terminate your lease—especially if the lease shows that you and your landlord knew you were renting the residence to serve as student housing.
We strongly recommend contacting an attorney before taking steps to terminate any lease.
We do not recommend doing this, especially before trying to reach an agreement with your landlord.
If you stop paying rent, your lease may entitle your landlord to keep your security deposit. Your landlord may also be entitled to collect the total amount of rent you still owe under the lease.
Unless you stop paying because you are temporarily protected under the mayor’s order discussed above (or another similar order if you live in a different city), failing to pay rent as required could lead to your landlord filing a lawsuit against you to get the money they are owed.
While your landlord likely has an obligation to mitigate their damages (such as to try and find a new tenant to take your place), it may be hard for them to do so in light of the COVID-19 situation. Hiring a lawyer to defend you could also be expensive, providing even more incentive to come to an agreement with your landlord.
As a reminder, nothing in this notice constitutes legal advice. If you have further questions or feel that your landlord is treating you unfairly, the Student Affairs team highly recommends that you speak with an independent, licensed attorney.