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.
FAQs
In California, landlords can only evict tenants for specific reasons that are outlined in state law. These reasons include not paying rent, violating their lease agreement, committing a nuisance, or endangering other tenants' health and safety. Affordable housing and rent control policies may vary by county.
What is the new eviction law in California in 2024? ›
Also effective April 1, 2024, the eviction notice must include the name of the person moving in, their relationship to the owner, and that the tenant may request proof of that relationship, and there must be no other similar unit already vacant on the property that the owner or relative could move in to instead.
What is the new California law on evictions? ›
Currently, a tenant can be evicted if the landlord or landlord's family is going to move in. But starting April 1, the landlord or their family will have to move in within 90 days and live there for at least a year. Local governments are also now banned from "crime-free housing" policies.
Why is it so hard to evict tenants in California? ›
California's Tenant Protection Act
The Tenant Protection Act prohibits landlords from evicting most tenants without “just cause.” The law sets out two kinds of evictions: "at fault" evictions and "no fault" evictions. At fault evictions include: Nonpayment of rent.
When can a landlord evict a tenant in California? ›
Tenants cannot be evicted unlawfully in the state of California. However, a landlord has the right to evict a tenant after failing to pay rent on time. In California's housing law, the rent is considered late the day after its due date.
How much money does a landlord have to give a tenant to move out in California? ›
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 is the SB 567 in California 2024? ›
Effective April 1, 2024, SB 567 will add a significant hurdle to any “no-fault just cause” eviction where the property owner (or the owner's direct relative) desires to occupy the residential real property or an investor seeks to displace the tenant for a substantial remodel.
What is the quickest I can be evicted in California? ›
If tenants are served with a 3 Day Notice to Pay or Vacate, and if they don't pay, the eviction process in California can start on the 4th day. If they are doing criminal activity a 3 Day Notice to Vacate is also served.
What is an Ellis Act eviction? ›
The “Ellis Act” is a state law which says that landlords have the unconditional right to evict tenants to “go out of business.” For an Ellis eviction, the landlord must remove all of the units in the building from the rental market, i.e., the landlord must evict all the tenants and cannot single out one tenant (for ...
What is the eviction hardship extension in California? ›
The Eviction Hardship Extension is a set of temporary protections implemented by the California legislature to assist tenants who are facing financial hardship due to the COVID-19 pandemic. These protections aim to prevent mass evictions and provide tenants with the opportunity to regain financial stability.
Situations that require the property owner to regain the use of the rental unit as the result of a personal or business decision and not the fault of the tenant may be cause for eviction. All no-fault evictions must be filed with LAHD in advance. See the ways to submit your forms and required fees here.
What are renters' rights in California? ›
Tenant Rights and Responsibilities
According to California landlord-tenant laws, tenants have the right to live in safe, habitable rental units, as well as sue the landlord for retaliation, withhold rent for failure to provide essential services, recover attorney's fees, and more.
What new California laws bring changes to housing in 2024? ›
California Senate Bill 567, i.e., the Homelessness Prevention Act, which goes into effect on April 1, 2024, seeks to cap rent hikes at 10% and prevents landlords from evicting tenants without a legal cause. California Assembly Bill 12, i.e., the new residential security deposit law, which goes into effect on July 1, ...
What is the notice of rent increase in California 2024? ›
After March 1, 2024, the tenant's notice of a rent change must show a new rent amount that does not exceed 9.2% of the current rent.
What is the deposit law in California 2024? ›
By law, security deposits must be returned when the tenant moves out, minus allowed expenses. The law limits the amount of security deposits. o Until July 1, 2024, the limit is two times the monthly rent (or, for furnished units, three times the rent). o After July 1, 2024, the limit is one month's rent.
What is the Civil Code 1946.2 2024? ›
Section 1946.2 - [Operative 4/1/2024] [Effective Until 1/1/2030] Termination without just cause of tenancy after continuous and lawful occupation (a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property ...
