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AB 1482: California Tenant Protection Act: Rent Cap and Evictions

California Tenant Protection Act

California Tenant Protection Act: 1482 Rent Control

The California Tenant Protection Act, also known as AB 1482, is a groundbreaking legislation that aims to protect tenants across the state from unjust evictions and excessive rent increases.
This comprehensive law, which took effect on January 1, 2020, provides a safety net for millions of renters in California.
In this article, we’ll dive deep into the key provisions of the act, explore its implications for both tenants and landlords, and answer some frequently asked questions to help you better understand your rights and responsibilities under this law.

What is the California Tenant Protection Act?

The California Tenant Protection Act, or AB 1482, is a state law that limits rent increases and provides tenants with protection against unjust evictions. The act applies to most properties built before 2005, with some exceptions for newer buildings, single-family homes, and owner-occupied duplexes. Under this law, landlords can only increase rent by a maximum of 5% plus the local Consumer Price Index (CPI) or 10%, whichever is lower, in a 12-month period.

How does the rent cap work under AB 1482?

The California Tenant Protection Act’s rent cap provision caps annual rent increases at 5% plus the local CPI’s measure of the change in the cost of living, or 10%, whichever is lower. This means that if the CPI for your area is 3%, your landlord can only increase your rent by a maximum of 8% (5% + 3%) in a 12-month period. It’s important to note that this cap applies to the total rent you pay, not just the base rent.

What properties are exempt from the rent cap?

While the California Tenant Protection Act covers most properties, there are some exceptions. The following types of housing are exempt from the rent cap:

  • Housing built within the past 15 years
  • Unless a real estate investment trust, a corporation, or an LLC with a corporate owner owns them, single-family homes and condos
  • Owner-occupied duplexes
  • Affordable housing units with deed restrictions
  • College dormitories

Eviction Protections under the California Tenant Protection Act

In addition to the rent cap, the California Tenant Protection Act also provides tenants with protection against unjust evictions. Under this law, landlords must have a “just cause” to evict a tenant who has lived in the property for at least 12 months. Just causes for eviction include:

  • Nonpayment of rent
  • Breach of the lease agreement
  • Nuisance or damage to the property
  • Using the property for illegal purposes
  • Failure to allow the landlord lawful entry
  • The landlord or their family member intends to occupy the property
California Tenant Protection Act

What is the difference between “at-fault” and “no-fault” evictions?

Under the California Tenant Protection Act, evictions are classified as either “at-fault” or “no-fault.” An at-fault eviction occurs when the tenant has done something wrong, such as failing to pay rent or violating the terms of the lease. In these cases, the landlord must give the tenant a written notice of the violation and an opportunity to correct the issue before proceeding with the eviction.

A no-fault eviction, on the other hand, occurs when the tenant has done nothing wrong, but the landlord wants to remove them from the property for a reason allowed under the law. Examples of no-fault evictions include the landlord or their family member moving into the property, or the landlord withdrawing the property from the rental market. In these cases, the landlord must provide the tenant with a 60-day notice to vacate and, in some instances, pay relocation assistance.

What are the relocation assistance requirements for no-fault evictions?

If a landlord issues a no-fault eviction notice, they may be required to pay relocation assistance to the tenant. The amount of relocation assistance depends on the location of the property and the length of the tenant’s occupancy. In most cases, the landlord must pay one month’s rent as relocation assistance. However, some cities, such as Los Angeles and San Francisco, have additional local ordinances that require higher relocation payments.

Frequently Asked Questions about the California Tenant Protection Act

Does the act apply to all cities in California?

Yes, the California Tenant Protection Act applies statewide. However, cities with existing local rent control ordinances that are more protective than the state law can continue to enforce their local laws.

Can a landlord evict a tenant without just cause?

No, under the California Tenant Protection Act, landlords must have a valid just cause to evict a tenant who has lived in the property for at least 12 months.

How much notice must a landlord provide for a rent increase?

Landlords must provide tenants with a written notice of a rent increase at least 30 days before the increase takes effect if the increase is less than 10%. For increases of 10% or more, landlords must provide a 60-day notice.

Are there any additional protections for tenants in California?

Yes, in addition to the California Tenant Protection Act, tenants in California have additional protections under state and local laws. For example, the Fair Housing Act prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. Some cities also have local ordinances that provide additional protections for tenants, such as limits on security deposits and requirements for landlords to provide relocation assistance in certain situations.

California Tenant Protection Act

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Protecting California Tenants’ Rights

  • The California Tenant Protection Act limits annual rent increases to 5% plus the local CPI or 10%, whichever is lower
  • Landlords must have a just cause to evict tenants who have lived in the property for at least 12 months
  • Relocation assistance may be required for no-fault evictions
  • The act applies statewide, but cities with more protective local laws can continue to enforce them
  • Tenants in California have additional protections under state and local laws, such as the Fair Housing Act and local rent control ordinances

By understanding your rights and responsibilities under the California Tenant Protection Act, you can ensure that you are protected from unjust evictions and excessive rent increases. If you have any questions or concerns about your specific situation, it’s always a good idea to consult with a qualified tenant’s rights attorney or a local housing advocacy organization.

California Tenant Protection Act: Rent Increase Limits 

The California Tenant Protection Act, or AB 1482, places limits on rent increases to protect tenants from excessive hikes:

  • Rent increases are capped at 5% plus the local Consumer Price Index (CPI) or 10%, whichever is lower, in a 12-month period
  • The rent cap applies to the total rent, not just the base rent
  • Landlords must provide written notice of rent increases at least 30 days before the increase takes effect for hikes less than 10%, and 60 days for increases of 10% or more
  • Some properties are exempt from the rent cap, including:
    • Housing built within the past 15 years
    • Single-family homes and condos, unless owned by a corporation or LLC
    • Owner-occupied duplexes
    • Affordable housing units with deed restrictions
    • College dormitories

By understanding the rent increase limits under the California Tenant Protection Act, tenants can better protect themselves from excessive rent hikes and ensure their housing remains affordable.

Eviction Protections Under CA Tenant Protection Act 

The California Tenant Protection Act, or AB 1482, provides tenants with important protections against unjust evictions:

  • Landlords must have a “just cause” to evict tenants who have lived in the property for at least 12 months
  • Just causes for eviction include:
    • Nonpayment of rent
    • Breach of the lease agreement
    • Nuisance or damage to the property
    • Using the property for illegal purposes
    • Failure to allow the landlord lawful entry
    • The landlord or their family member intends to occupy the property
  • Evictions are classified as either “at-fault” or “no-fault”
    • At-fault evictions occur when the tenant has violated the lease or law
    • No-fault evictions occur when the tenant has done nothing wrong, but the landlord wants to remove them for a reason allowed under the law
  • For no-fault evictions, landlords must:
    • Provide a 60-day notice to vacate
    • Pay relocation assistance in some instances, depending on the location and length of the tenant’s occupancy

By understanding the eviction protections under the California Tenant Protection Act, tenants can better defend their rights and ensure they are not unjustly removed from their homes.

California Tenant Protection Act: 1482 Rent Control

The California Tenant Protection Act of 2019, also known as section 1946.2 of the civil code, provides important safeguards for tenants in the state of California.
One key provision of this act is the restriction on landlords from increasing a tenant’s rent by more than the California Consumer Price Index percentage plus 5%. 

Moreover, landlords must provide proper notice to terminate a tenancy, whether it be for property for 12 months or property for 24 months. 

In the case of a tenant who wishes to vacate, the landlord may be required to provide relocation assistance or rent waiver. If a tenant is not in compliance with a material term of the lease, the landlord can issue a notice to terminate tenancy under section 1947.12 of the civil code.

It’s essential for both landlords and tenants to understand their rights and responsibilities under California law. Landlords must abide by the civil code when it comes to notice to terminate a tenancy and setting the rent for the final month. 

Tenants should be aware that they can seek assistance from the rent board if they feel any violations of the California Tenant Protection Act have occurred.
According to the Bureau of Labor Statistics, the California Consumer Price Index is a crucial factor in determining allowable rent increases and creating a fair rental market in the state.

California Tenant Protection Act

Exemptions to the California Tenant Protection Act

While the California Tenant Protection Act provides broad protections for tenants across the state, there are some exceptions. The following types of housing are exempt from the rent cap and just cause eviction requirements:

  1. Housing built within the past 15 years: Newer construction is exempt from the rent cap and just cause eviction requirements to encourage the development of new housing.
  2. Single-family homes and condos: Privately owned single-family homes and condos are exempt, unless they are owned by a real estate investment trust (REIT), a corporation, or an LLC with a corporate owner.
  3. Owner-occupied duplexes: If the owner lives in one of the units of a duplex, the property is exempt from the rent cap and just cause eviction requirements.
  4. Affordable housing units: Housing units that are subject to deed restrictions or agreements that provide affordable housing for low or moderate-income households are exempt.
  5. College dormitories: Dormitories owned and operated by schools are exempt from the rent cap and just cause eviction requirements.
  6. Hotels and motels: Rooms in hotels, motels, and other similar transient lodging are exempt, as long as the tenant has not lived there for more than 30 days.
  7. Religious facilities: Housing accommodations in a church, monastery, or other religious facility are exempt.

It’s important to note that even if a property is exempt from the rent cap and just cause eviction requirements, landlords must still comply with other state and local laws, such as the Fair Housing Act and local health and safety codes. Tenants living in exempt properties should still be aware of their rights and protections under these other laws.

California Tenant Protection Act

Understanding the California Tenant Protection Act: Safeguarding Renters’ Rights FAQ

1. What is the California Tenant Protection Act?

The California Tenant Protection Act is a state law that aims to safeguard renters’ rights by providing protections against excessive rent increases and unjust evictions.

2. How does the Tenant Protection Act of 2019 impact tenants?

The Tenant Protection Act of 2019, also known as AB 1482, imposes limitations on rent increases and enhances eviction protections for tenants in California.

3. What are the key provisions of AB 1482?

AB 1482 imposes a rent cap linked to the consumer price index and requires landlords to provide written notice for lease terminations and evictions.

4. When did the California Tenant Protection Act come into effect?

The California Tenant Protection Act went into effect on January 1, 2020, providing enhanced protections for renters in the state.

5. What is the significance of the rent cap in the Tenant Protection Act?

The rent cap limits rent increases to the percentage change in the cost of living or 5% plus the percentage change in the consumer price index, whichever is lower, over a 12-month period.

6. Are there any exemptions to the rent cap under AB 1482?

Properties exempt from the rent cap include newly constructed buildings and properties that were issued a certificate of occupancy in the last 15 years.

7. What is the relocation assistance provision in the Tenant Protection Act?

The California Tenant Protection Act requires landlords to provide relocation assistance or rent waiver to tenants in case of no-fault evictions.

8. How does the Tenant Protection Act affect local rent control ordinances?

The California Tenant Protection Act, or AB 1482, works in conjunction with local rent control ordinances to provide comprehensive protection for tenants across the state.

  • The act sets a statewide minimum level of protection, but cities with existing local rent control ordinances that are more protective than the state law can continue to enforce their local laws
  • In cities without local rent control, the California Tenant Protection Act provides a new layer of protection for tenants
  • If a city has a local rent control ordinance that is less protective than the state law, the California Tenant Protection Act will supersede the local ordinance
  • For example, if a city’s rent control ordinance allows for annual rent increases of 8%, but the state law caps increases at 5% plus CPI or 10%, whichever is lower, the state law would prevail
  • Tenants in cities with local rent control ordinances may have additional protections, such as:
    • Lower allowable rent increases
    • Longer notice periods for rent increases or evictions
    • More stringent just cause eviction requirements
    • Higher relocation assistance amounts
      By understanding how the California Tenant Protection Act interacts with local rent control ordinances, tenants can ensure they are fully aware of their rights and protections under both state and local laws.