What is the California Tenant Protection Act of 2019?

What is the California Tenant Protection Act of 2019?

The California Tenant Protection Act of 2019, also known as Assembly Bill 1482 or the Tenant Protection Act, is a new statewide rent control law that was passed to address the increasing housing affordability crisis in California. The law was signed by Governor Gavin Newsom on October 8th, 2019, and took effect on January 1st, 2020.

The California Tenant Protection Act places certain limitations on how much landlords can increase rent annually and provides additional protections to tenants. It establishes a statewide rent cap, which restricts the annual rent increases to a maximum of 5% plus the local rate of inflation, or 10% of the lowest rent charged during the prior 12 months – whichever is lower. This cap applies to qualifying rental units that are at least 15 years old, with a few exceptions such as government-subsidized housing.

What does the California Tenant Protection Act mean for landlords?

Landlords will now be subject to stricter rent increase regulations and will only be able to raise rents within the prescribed limits set by the law. They also need to provide a just cause, such as non-payment of rent or lease violations, for evictions. This means that landlords cannot evict tenants without a valid reason.

Does the California Tenant Protection Act apply to all rental properties?

No, the California Tenant Protection Act does not apply to all rental properties. The law exempts properties built within the last 15 years, single-family homes not owned by a real estate corporation, duplexes where the owner lives in one of the units, and some types of government-subsidized housing.

Is rent control now in effect throughout the entire state of California?

While the California Tenant Protection Act establishes statewide rent control, stricter local rent control ordinances may still exist in certain cities and counties. If a local ordinance provides greater tenant protections, it takes precedence over the state law.

What rights does the California Tenant Protection Act provide to tenants?

The California Tenant Protection Act provides several key rights to tenants. Along with the rent cap, it grants them additional protections against arbitrary eviction by requiring landlords to provide just cause for eviction. Tenants are also entitled to advance notice of rent increases and eviction notices, and they have the right to a safe and habitable living environment.

Can landlords still evict tenants under the California Tenant Protection Act?

Yes, landlords can still evict tenants under the California Tenant Protection Act, but they must have a just cause for eviction. Just causes include non-payment of rent, breach of lease terms, illegal activities, nuisance, refusal to allow landlord access, and intent to occupy the unit by the landlord or their family.

Can landlords request a higher rent increase if they have made improvements to the rental property?

The California Tenant Protection Act does not specifically address rent increases related to property improvements. However, landlords can only increase rent within the prescribed limits set by the law, regardless of any improvements made to the property.

Does the California Tenant Protection Act impact existing rental agreements?

The California Tenant Protection Act applies to both existing and new rental agreements. Landlords must comply with the rent increase limitations and eviction restrictions outlined in the law, regardless of when the rental agreement was established.

Are there any penalties for landlords who violate the California Tenant Protection Act?

Yes, landlords who violate the California Tenant Protection Act may be subject to penalties. Tenants have the right to take legal action against their landlords for violations, and if successful, they may be awarded damages, attorney’s fees, and other relief deemed appropriate by the court.

How long will the California Tenant Protection Act be in effect?

The California Tenant Protection Act does not have an expiration date. However, the law is subject to change, and the rent increase limitations may be adjusted or updated in the future.

Does the California Tenant Protection Act apply to commercial rental properties?

No, the California Tenant Protection Act does not apply to commercial rental properties. It only covers residential units and provides protections to tenants in those units.

Can landlords now evict tenants to convert rental units into condos or short-term rentals like Airbnb?

Under the California Tenant Protection Act, landlords cannot evict tenants for the purpose of converting rental units into condos or short-term rentals like Airbnb, unless local ordinances or regulations allow it. Conversion requires tenants to be offered the unit back at the same rent if the owner decides to revert it to a rental unit within five years.

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