“California law limits the amount by which your rent can be increased. See Article 1947.12 of the Civil Code for more information. California law also provides that after all tenants have occupied the property continuously and legally for 12 months or more, or at least one of the tenants has occupied the property continuously and legally for 24 months or more, a landlord must provide a justification for each notice period to terminate a tenancy. See Article 1946.2 of the Civil Code for more information. In addition, a landlord who requests an exemption from the law because the property is a single-family home or condominium must send written notice to the tenant. For a tenancy that exists before July 1, 2020, this notice may be provided for in the lease, but is not required. For any lease started or extended on or after July 1, 2020, this notice must be included in the lease. If the landlord does not provide the required notice, a single-family home or condominium is NOT exempt from by-laws or rent caps “for cause.” The wording of the termination must be as follows: To evict a tenant from a rental unit that falls under the rent order, a landlord must have a “just cause,” which is the predominant ground for continuing the eviction. Note that the mere expiration of a lease or a change of ownership is not a “just reason” for eviction. (B) The Lessor has informed the Tenant in writing that the rental is not subject to the restrictions of “just reason” and rent increase as expressly described in Articles 1946.2 (e) (8) (B) (i) and 1947.12 (d) (5) (B) (i) of the Civil Code. For more information, see below. All tenants of dwellings covered by state law must receive a notification explaining the protection of the “just cause” and the rent cap.
In the case of a tenancy existing before July 1, 2020, the termination must be made in writing to the tenant no later than August 1, 2020 or in the form of an addendum to the lease or lease. For any tenancy commenced or extended on or after July 1, 2020, the notice must be submitted as an addendum to the lease or lease or as a written notice from the tenant with a copy to the tenant. The language of communication should be as follows: Since AB 1482 can only be applied in a state court, tenants should also consider contacting a lawyer or local tenants` representative for assistance in exercising their rights in court. In addition, ACCE, a tenant advocacy organization involved in sharing AB 1482, has set up a tenant hotline (1-888-428-7615) for more information. All housing in the State of California falls under AB 1482, unless it falls under one of the following categories of exceptions: “This property is not subject to the rent limits set forth in Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of sections 1947.12 (d) (5) and 1946.2 (e) (8) of the Civil Code and the owner is not one of the following: (1) a real estate investment trust as defined in section 856 of the Internal Revenue Code; (2) a capital company; or (3) a limited liability company of which at least one partner is a company. What can a tenant do if they believe the landlord has increased the rent in violation of AB 1482? The landlord also needs a “valid reason” to remove or remove access to certain housing services, including but not limited to garage facilities, parking facilities, driveways, storage rooms and laundry rooms. However, a landlord who has met the requirements of paragraph 37.2(r) of the Regulation may temporarily remove certain residential services, including parking and storage areas, in order to carry out mandatory seismic renovation work in the soft floor area in accordance with the Building Code. Since evictions are complex procedures, landlords should proceed with caution and seek the advice of a lawyer before asking a tenant to move or attempt an eviction. If a landlord illegally evicts or attempts to evict a tenant, they may be subject to significant civil and/or criminal liability. While we cannot provide you with legal advice or refer you to individual lawyers, staff will be happy to refer you to the appropriate resources for advice and support. A list of resources is available in the reference directory or in our office. Certain tenancies exempt from the rent increase restrictions in the Regulations continue to be subject to the eviction provisions of the Regulations, and tenants in these classes may only be evicted on one of the “equitable grounds” listed in the Regulations.
These include rentals in newly constructed rental units that received a certificate of occupancy after June 13, 1979, rentals eligible for a rent increase under the Costa-Hawkins Rental Housing Act, and certain tenancies where rent is regulated by another government agency. (A) The property does not belong to one of the following: What types of notices must tenants receive in accordance with AB 1482? Entities exempt from both the “just reason” rules and the rent limits The 16 grounds for eviction under section 37.9(a) of the Regulations are summarized below:. .
Posted in Uncategorized