Articles

California's Statewide Tenant Protection Act

By: Owen Chen

Updated: August 17, 2022

Disclaimer:

I am not a lawyer. This article is general information and not legal advice. Consult a qualified legal professional for your specific situation. No liability is assumed for any consequences resulting from using this information.

What is the California Tenant Protection Act?

The California Tenant Protection Act, also known as AB 1482, gives certain rights and protections to tenants regardless of contract, such as requiring the landlord to provide just cause for evictions and limit rent increases to be under both 10% of last year's rent and 5% of the consumer price index (CPI). 

What housing is exempt from AB 1482?

In certain cases, houses are exempt from needing to provide both just cause for eviction and limiting rent increases. These include but are not limited to houses constructed within the last 15 years, under the restriction of documents such as a deed, a property with more than one unit that was also occupied by the owner for the duration of the tenancy, and single family homes not owned by a real estate trust, corporation, or an limited liability company LLC as long as the landlord has given written notice to the tenant. However, single family homes are not exempt if they contain more than one dwelling unit or residential unit. Some houses are exempt only from needing just cause for eviction, mainly when the house or its bathroom and kitchen facilities are shared between the owner and tenant. 

How has the eviction process changed due to AB 1482?

AB 1482 imposes certain provisions for the eviction of tenants when all tenants have lived in the house for at least 12 months or one tenant has lived in it for 24 months. The landlord must provide just cause for eviction, which can be either an at-fault or no-fault eviction. The landlord must also provide assistance in relocating the tenant for a no-fault eviction. 

What notices are a landlord required to give under AB 1482?

A landlord must give a notice that includes an explanation of the protections given to the tenant by AB 1482, such as the just cause requirement and rent cap. Additionally, the landlord must notify the tenant of the rules regarding exempt properties if applicable. The notice should reference the relevant parts of section 1947.12 of the civil code and provide accurate information about these parts. 

Additional Resources:

https://sf.gov/information/california-tenant-protection-act-2019-ab-1482