California Tenant Protection Act (AB1482) – Just Cause for Eviction

On October 8, 2019, the Governor of California approved Assembly Bill 1482, which establishes statewide rent and eviction controls. The new law became effective on January 1, 2020. We assist landlords in complying with the requirements of this new law. The following is a summary of the just cause for eviction portion of the new law, which is found in California Civil Code Section 1946.2.

  1. At-Fault Just Cause
  1. No-Fault Just Cause

For purposes of AB1482, “substantially remodel” means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and that requires the tenant to vacate the residential real property for at least 30 consecutive days: (i) The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency. (ii) The abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws. A tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without violating health, safety, and habitability codes and laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial remodel.

A written notice terminating a tenancy based on the landlord’s intent to demolish or substantially remodel must include all of the following information:

(i) A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property.

(ii) The following statement:

“If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.”

(iii) A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:

(ia) A copy of the permit or permits required to undertake the substantial remodel or demolition.

(ib) If the remodel is for t he abatement of hazardous materials and does not require any permit , a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials.

(iv) A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address.

RELOCATION ASSISTANCE FOR NO FAULT JUST CAUSE TERMINATION

For a tenancy for which just cause is required to terminate the tenancy, if an owner issues a termination notice based on a no-fault just cause, the owner must do one of the following: (1) assist the tenant to relocate by providing a direct payment to the tenant, or (2) waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.

REQUIRED NOTICE OF JUST CAUSE PROTECTIONS

An owner of residential real property subject to this just cause law must provide notice to the tenant as follows. For any tenancy commenced or renewed on or after July 1, 2020, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant. For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement. The notification or lease provision must be in no less than 12-point type, and shall include the following:

“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”

The notice requires a translation if the lease is negotiated in a language other than English.

EXEMPTIONS FROM JUST CAUSE FOR EVICTION LAW

EFFECT OF LOCAL JUST CAUSE FOR EVICTION ORDINANCE

The just cause for eviction protections do not apply to: (1) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or before September 1, 2019, in which case the local ordinance shall apply; (2) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted or amended after September 1, 2019, that is more protective than this section, in which case the local ordinance shall apply. A residential real property is not subject to both a local ordinance requiring just cause for termination of a residential tenancy and this law. A local ordinance adopted after September 1, 2019, that is less protective than this section shall not be enforced unless this section is repealed.

Landlord-Tenant Law