The Tenant Protection Act, 2019 (or AB 1482) restricts property owners from terminating a tenancy without a just cause (must be mentioned in the notice). A landlord is required to give their tenant a notice of violation (for certain curable, just causes) and an opportunity to correct the violation before serving them a written notice of termination.
If the tenant fails to correct the violation within the agreement’s period, the landlord can serve a three-day notice to the tenant to vacate the property.
AB 1482 also limits a landlord’s ability to increase rent. The bill prohibits residential landlords in California from increasing rent by five percent plus the percentage change in the cost of living in the state or 10 percent (whichever is less) over the course of a 12-month period.
The bill does not cover housing constructed in the last 15 years, owner-occupied duplexes (one unit is let out), college dormitories, affordable housing, condominiums, or single-family homes rented by the property owner unless the owner is a real estate investment trust, a limited liability company (at least one member should be a corporation), or a corporation.
The bill also exempts properties that are already subject to local rent control measures. AB 1482 also prohibits landlords from increasing rent more than twice within a year, except if the landlord wants to set new rental rates at the beginning of a new tenancy.
At fault and No-fault Just Causes for Terminating a Tenancy
A landlord cannot terminate residential tenancies to set new rents, thereby avoiding the rent caps established by the new law, and must give a just cause for evictions.
Some at-fault just causes for eviction include failure to pay rent, criminal or nuisance activities, and the agreement’s violation.
Some no-fault just causes for eviction are vacating the unit to address habitability and removing the rental unit from the rental market.
A landlord can also terminate a residential tenancy if they want to provide the rental unit to a relative or plan to remodel it.
These just causes apply if
- All the tenants in a unit have occupied the unit for at least 12 months, or
- Some of the tenants have occupied the unit for less than a year, but at least one of the tenants has occupied the unit for at least 24 months.
For no-fault cause terminations, landlords must either assist their tenants in relocating or waive off the last month’s rent before it becomes due.
Want to evict a tenant but do not know how to proceed? The Law Office of Stephen M. Beckwith can help. Stephen M. Beckwith is one of the most respected landlord tenant attorneys in Santa Rosa. He brings decades of experience to the table. To make an appointment with him, call (707) 526-5454.