LA County's New Eviction Rules: Two-Month Threshold & Right to Counsel Notices

Two significant rule changes took effect in Los Angeles in 2025 and 2026 that every landlord must understand before serving another eviction notice. Both changes add new procedural requirements — and both carry real consequences if you get them wrong. One applies to the City of Los Angeles. The other targets unincorporated LA County. Together they represent the most substantial shift in local eviction procedure in years.

Change #1 — The Two-Month Eviction Threshold (Unincorporated LA County)

Effective April 16, 2026, Los Angeles County doubled the minimum rent debt required before a landlord can begin an eviction for nonpayment of rent in unincorporated areas. Under the amended Rent Stabilization and Tenant Protections Ordinance (RSTPO), a tenant's unpaid balance must now exceed two months of HUD Fair Market Rent before a landlord may serve a termination notice for nonpayment.

What "Fair Market Rent" means for your case

The threshold is calculated using HUD's Fair Market Rent — not the actual rent your tenant pays. As of mid-2026, HUD's Fair Market Rent figures for the Los Angeles area are approximately:

Here is where it gets complicated for many landlords: if your tenant pays below-market rent — say $1,500 per month for a one-bedroom — the threshold is still calculated at the FMR figure of $2,085. That means the tenant must owe more than $4,170 before you can legally begin the eviction, even though at their actual rent that represents nearly three months of missed payments. In high-rent markets this gap is smaller, but in rent-stabilized buildings where actual rent runs well below market, some landlords may find themselves absorbing five, six, or even seven missed payments before they can file.

What this means for your rent collection strategy

This change is not a license for tenants to withhold rent — unpaid rent remains collectible and a money judgment can still be obtained for the full amount owed. But the rule does mean that formal eviction action for nonpayment must wait until the threshold is crossed. The practical effect:

• Begin rent collection enforcement from day one of a missed payment — send written notices, document every contact, issue a pay-or-quit notice as early as legally permitted even if you cannot yet file
• Review your lease and payment procedures to ensure you have clear documentation of each missed payment and its date
• Do not wait passively for the threshold to be reached — act early so you are ready to file the moment you legally can
• Consider whether a formal pay-or-quit notice (even if premature for filing) puts the tenant on notice and creates useful documentation

Change #2 — The Right to Counsel Notice Requirement

Separately, both the City of Los Angeles and unincorporated LA County now require landlords to provide tenants with a Notice of Right to Counsel at specific points in the tenancy and eviction process. This is not optional. Failure to provide this notice can give a tenant an affirmative defense to your eviction — meaning the case can be delayed or dismissed on procedural grounds even when the underlying facts clearly support eviction.

City of Los Angeles — effective August 20, 2025

Landlords of residential rental units in the City of Los Angeles are required to:

• At lease signing: Provide the official Notice of Right to Counsel in the tenant's primary language
• When serving any eviction notice: Attach a copy of the Notice of Right to Counsel to every eviction notice served on the tenant — 3-Day Notices, 30-Day Notices, 60-Day Notices, and any notice of termination of a rental housing subsidy
• Posted at the property: Post the notice in a conspicuous common area of the building at all times

Unincorporated LA County — Tenant Right to Counsel Ordinance (TRTCO, Chapter 8.60 LACC)

The County's Tenant Right to Counsel Ordinance mirrors the City's requirements and is already in effect for units in unincorporated areas. Landlords must:

• Attach the County's official "Notice of Tenant Right to Counsel" to any eviction-related notice or court filing
• Post the notice in a conspicuous common area such as a lobby or mail room
• Provide the notice in English and in the language in which the rental agreement was written

Which tenants qualify for the free legal representation?

The Right to Counsel program provides free attorneys to tenants earning at or below 80% of Area Median Income who apply for assistance within 30 days of receiving an eviction notice. As of mid-2026, the City's program reports a 94% success rate with over half of represented tenants remaining in their homes. This means that in practical terms, a qualified tenant who gets a free attorney is very likely to contest and potentially win or significantly delay your eviction — making procedural compliance on your end more important than ever.

What You Should Do Right Now

Whether you are in the City of Los Angeles or unincorporated LA County, these steps apply immediately:

1. Verify your property's jurisdiction. City of Los Angeles, unincorporated county, and other incorporated cities each have different rules. If you are not certain which applies to you, find out before your next notice.
2. Download the correct official notice. The City's Notice of Right to Counsel is available from LAHD (housing.lacity.gov). The County's Notice of Tenant Right to Counsel is available from DCBA (dcba.lacounty.gov). Use the official versions — unofficial copies may not comply.
3. Attach the notice to every eviction notice going forward. This is required every single time — not just the first notice you ever serve.
4. Post the notice in your building's common areas and keep it posted. Check periodically that it has not been removed or damaged.
5. If your property is in unincorporated LA County, track rent balances against the FMR threshold, not the tenant's actual rent, when assessing whether you have reached the filing threshold.