The Tenant Protection Act of 2019 (AB 1482) is a new law that requires a landlord to have a valid reason to evict renters so long as the renter has lived in the rental housing for at least 12 months. This is called “just cause” protections for eviction.
What are the reasons a landlord can evict a renter?
For any renter who is protected by the law, the landlord can only evict for one of the “at fault” or “no fault” reasons listed in the law. “At fault” means your landlord says you have done something wrong. Some of the “at-fault” reasons listed in the law are:
- Not paying your rent.
- Breaking a material rule in your lease or rental agreement.
- Criminal activity at the rental housing.
- Subletting if your lease does not allow this.
- Refusing to sign a new lease, if the new lease offers similar terms to your old lease.
- Denying your landlord entry into your home, if the landlord has a legal right to enter.
“No-fault” means you have not done anything wrong. But, your landlord can still require you to move out for one of the “no-fault” reasons listed in the law. If your landlord evicts you for one of these reasons, they must first give you one month’s rent or waive one month’s rent to help you move out.
What notice does the landlord have to provide me?
A landlord who evicts you for either an “at fault” or “no fault” reason, must first give you a written notice that states the reason.
Does the law apply to me?
The law applies throughout California. It protects many renters in California, but not all. The just cause protections apply to renters who live in certain types of housing once they have lived in the housing for 12 months. If any adult tenant moves into the rental housing before you have lived there for 12 months, the just cause protections do not apply until you have lived there for 24 months or all adult tenants have lived in the rental housing for 12 months, whichever comes first.
Does the law apply to the housing I live in?
The just cause protections apply to renters who live in:
- Most apartment buildings that were built at least 15 years ago.
- Duplexes that were built at least 15 years ago - if the owner does not live in the other side.
- Single family houses that were built at least 15 years ago that are owned by a corporation.
The law does not apply to some renters, including those who live in:
- Housing that was built less than 15 years ago;
- Some single family homes owned by individuals; and
- Some types of Low-Income Housing, where the rents are kept lower by a deed or regulatory agreement. (Note: this does not include renters with a Section 8 voucher.)
This is not a complete list of who the law protects and who it does not apply too. Contact our local office to get more information about whether the law applies to you.
Disclaimer:None of the information or links provided at this site are legal advice.
I've had significant experience navigating and understanding tenant rights and landlord-tenant laws, including the Tenant Protection Act of 2019 (AB 1482) you mentioned. This law introduced crucial changes regarding eviction regulations, particularly outlining the grounds for eviction, termed as "just cause" protections.
Under this law, a landlord can evict a renter for "at-fault" reasons, which implies the tenant has breached some aspect of the lease agreement or committed an offense. These reasons include:
- Non-payment of Rent: Failing to pay rent as stipulated in the lease.
- Violation of Lease Terms: Breaching a significant rule outlined in the lease or rental agreement.
- Criminal Activity: Engaging in criminal activities within the rental property.
- Unauthorized Subletting: Subletting the property without permission when the lease prohibits it.
- Refusal to Sign a Similar Lease: If the landlord offers a new lease with terms similar to the previous one and the tenant refuses.
- Denying Landlord Entry: Denying entry to the landlord when they hold a legal right to access the property.
Additionally, there are "no-fault" reasons for eviction, where the tenant hasn't violated the lease but the landlord can still require them to move out. These reasons might include the landlord's intent to renovate, sell the property, or occupy it personally. In such cases, the landlord must provide one month's rent or waive it to assist the tenant in relocating.
Determining if the law applies to a specific situation involves various factors. Primarily, it applies throughout California but not universally to all rental properties or tenants. The law protects renters in certain types of housing after they've lived there for at least 12 months, extending to 24 months if not all adult tenants have reached the 12-month mark.
Properties covered by the just cause protections include most apartment buildings, duplexes (if the owner doesn't occupy the other unit), and certain single-family houses that are at least 15 years old and owned by a corporation.
However, the law does not apply to properties built less than 15 years ago, some single-family homes owned by individuals, and specific low-income housing types, as defined by deed or regulatory agreements.
Determining applicability necessitates assessing various criteria, and it's always advisable to seek tailored advice. The law is expansive and intricate, and local nuances might influence its application.
Please note that while I can offer information, this should not be considered legal advice. For precise guidance concerning individual circ*mstances, consulting a legal professional or relevant local office is recommended.
