Get to know the Law AB-1482
For many people, the terms “rent control” and “affordable housing” might sound like they go hand in hand. But what if there was a law that could make rental units more affordable for everyone? The Tenant Protection Act of 2019 does this.
AB-1482, codified in Section 1946.2 of the Civil Code of California, is an important California law that provides protection against rent increases to persons who have lawfully occupied the property for a period of more than one year. Also known as the California Tenant Protection Act, this bill creates rent limits and is the most significant change to California’s rent control laws in decades, affecting every rental agreement unless the property meets a specific exemption.
Section 1946.2 of the Civil Code of California modifies a lease or rental agreement in that it puts rent limits on a rental property, restricts rent increases, and further contains eviction provisions that prevent eviction of a dwelling unit without just cause. Rent limits are imposed if at least one member of a dwelling unit has lived there for a year or longer. It prevents rent increases.
What is just cause?
The Tenant Protection Act of 2019 contains eviction provisions that provide that at least one member of the unit who has continuously and lawfully occupied the premises for a period of over one year must have just cause to be evicted. Additionally, the initial rent cannot be increased through annual rent increases except in accordance with the rental agreement and the California law limits on rental increases specified in section 1946.2 of the Civil Code of California. Specifically, it cannot be increased by 5% + the percent of the regional consumer price index. Low or moderate-income individuals thus have protections from eviction and rent cap regulations that provide them with protection against rent increases.
Some examples of just cause include the following:
- Default in the payment of the month’s rent or total rent paid;
- Breach of a material term in the lease agreement;
- Criminal activity;
- Committing waste, such as intentional damage to the premises;
- Unlawfully assigning or subletting the premises;
- Using the premises for an unlawful purpose;
- Failing to vacate after being served with a lawful notice of termination of a tenancy.
This just causes requirements, as well as the restriction on rent increases and rent limits to apply to a tenancy existing prior to the implementation of this bill unless exempted.
Are Single-Family Homes Exempted from AB1482?
Unless the property meets a specific exemption, just cause is required to terminate every tenancy in which the tenant has continuously and lawfully occupied the premises for a period of over one year. Single-family homes are exempted, but these exemptions only apply if the lease agreement provides otherwise via a written notice. Such a written notice signed by the landlord must specifically refer to the principal residence. The civil code specifies the exact mechanism for single-family home exemptions.
What does AB-1482 mean for California renters?
California’s rent control law is an important protection for tenants’ rights. It contains rent increase limitations to create rent increase limits in the rental market. The total rent that can be charged is restricted by a maximum rent increase. One of the regulatory restrictions is the rent cap provisions.
When a member is a corporation, the owner rents must ensure that tenants are treated fairly and that landlords cannot take advantage of them. California law requires landlords to comply with rent control restrictions when they increase rent or evict a tenant. A notice to terminate a tenancy
Prior to the passage of AB-1482, California already had laws protecting tenants, such as local ordinance protection.
60 days notice before raising the rent
AB1482 also requires landlords to give tenants at least 60 days’ notice before raising the rent more than 10 percent. If a landlord wants to evict a tenant, they must have just cause. Just cause includes non-payment of rent, damage to the property, or other reasons that would make it difficult or impossible for the landlord to continue renting the unit.
What Are the Exemptions to AB-1482?
AB 1482, California’s new rent control law, provides much-needed protections for tenants across the state. Prior to the passage of this law, California tenants were largely at the mercy of their landlords when it came to rental prices and eviction procedures.
However, AB 1482 has changed all that. The law places strict limits on how much landlords can increase rent each year, and it also gives tenants the right to challenge evictions in court.
As a result, California tenants now have significant rights and protections that they didn’t have before. This is a huge victory for tenant rights advocates, and it will help to make California a more affordable and stable place to live.
Who is eligible for the new rent control law?
All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.
California’s rent control law is designed to protect tenants from landlords who jack up prices excessively or evict tenants without cause. In order to be eligible for rent control, all of the tenants must continuously and lawfully occupy the residential real property for 12 months or more. This means that if even one tenant moves out, the landlord can raise the rent for the remaining tenants.
However, if the landlord can show that the rent increase is due to a legitimate reason such as making repairs or improvements to the property, then the increase may be allowed. California’s rent control law is complex, but it provides important protections for tenants who are trying to keep their homes.
One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more.
California law provides strong protections for tenants who have continuously and lawfully occupied a residential property for 24 months or more. These tenants are considered to have “rent control” status, which gives them certain rights and protections under California law.
For example, landlords cannot evict rent-controlled tenants without just cause, and they are subject to strict limits on how much they can raise the rent each year.
In addition, rent-controlled tenants have the right to a “lease renewal” at the end of their current lease term, provided they meet certain criteria. As a result, California’s rent control laws provide strong protections for tenants who have been in their rental units for two years or more.
A landlord must pay relocation assistance if the property meets the housing restrictions under Ab 1482. This means that, unless there was just cause to terminate a tenancy if the eviction is a no-fault eviction, then the landlord must offer a rent waiver of relocation assistance when they decide to terminate a tenancy. This relocation assistance or rent waiver must be on the notice to terminate.
The amount of the rent waiver or relocation assistance must be equal to the initial rent charge, which represents one month’s rent.
California Tenant Protection Act, AB 1482,
Codified at 1946.2 of the Civil and 1947.12 of the Civil Code
Owner-occupied residences are not generally subject to the Rent Control Act. Rather, Ab 1482, with its regulatory restrictions, is limited to situations in which the member is a corporation, or falls under under the gamut of AB 1482. It generally does not apply to accessory dwelling units, nor to a vacant unit without a written lease if the person is a trespasser.
Make sure you know your rights!
AB-1482 is an important law that helps protect tenants’ rights in California. It affects most rental properties and lease or rental agreement contracts. This sets important rent limits and provides rent cap protections. It also prohibits evictions that are not for just cause. If you are a tenant in California, make sure you know your rights and what the law says about rent control. If you have any questions or concerns, please contact us and we would be happy to help.
Make sure you Protection Act of 2019, because, if you have a real estate investment trust, it is important to know the California law limits.