California tenant protection act

AB 1482 known as the California Tenant Protection Act went into effect on January 01, 2020 and expires on January 01, 2030. The act requires a landlord to have a “just cause” in order to terminate a tenancy and limits annual rent increases to no more than 5% + local CPI (inflation rate) or 10% whichever is lower.

The California Tenant Protection Act only applies after all tenants have lived in the unit for 12 months, or where at least one tenant has occupied the unit for 24 months. A tenancy may not be terminated unless the landlord has a “just cause” reason. “Just cause” is divided into two categories – at-fault evictions and no-fault evictions. The law requires a landlord to provide a reason for the eviction and it must fall within the permissible reasons. The mere expiration of a lease or rental agreement is not a “just cause” to terminate a tenancy.

“At-Fault” just causes include failure to pay rent, breach of a material lease term, commission of a nuisance, committing waste, and criminal activity. “No-Fault” just causes include the intent by the owner to occupy the unit, withdrawal of the property from the rental market, and the intent to demolish or substantially remodel the unit.

When the termination of a tenancy is based on a no-fault just cause, the renter is entitled to relocation assistance or a rent waiver. A landlord can decide in which manner they will compensate the tenant. A landlord is required to issue a notice of termination based on the no fault just cause and include the renter’s right to relocation assistance or a rent waiver. If a landlord decides to issue a rent waiver, the notice should provide the amount of the rent waiver and state that no rent is due for the last month of the tenancy.

If you need to file or defend an eviction contact The Law Office of Jordan A. Bennett at (559) 981-2588 or hello@bennettlegalsolutions.com