Let’s break down the second half of AB 1482 about the termination of tenancy. In California, if you are not exempt from AB 1482 then you are prohibited from terminating a tenant without “just cause” to end or non-renewing the rental agreement with a current tenant who has rented the home for more than 12 months.
This article will explain:
Notification timelines
Just cause
At-fault just cause
No-fault just cause
Please note that this is not legal advice, this is only to make you aware of the bill and something you may want to contact a lawyer for further information.
Before we dive into this, let’s recap whom this applies to:
Two or more units, including ADUs, that are more than 15 years old
Two or more rental units on a property.
Single Family that is corporate-owned
In California, if you are asking a tenant to vacate a property, AB 1482 has defined rules you must follow. The owner must show “just cause” either at-fault or no-fault
A. With at-fault, then the owner must:
File a 3-day notice to cure with exactly what the violation is, to give the tenant an opportunity to fix the problem before the owner can move forward with a notice to vacate.
If the tenant does not fix the issue within the time period, then the owner can evict them with a 3-day notice to vacate with no more time to cure. Move out!
At-fault just cause includes any of the following:
Default in the payment of rent
A breach of rules in the lease
Nuisance: an act that is injurious to health or indecent or offensive to the senses or that obstructs the free use of property; noise, smells, sightly
Using the premises for an unlawful purpose
The tenant has refused to execute a written extension or renewal of the lease
Criminal activity by the tenant on the residential real property or criminal threat
Assigning or subletting the premises in violation of the tenant’s lease
The tenant’s refusal to allow the owner to enter the residential real property
When the tenant fails to move out when tenants have given notice of moving out
B. With no-fault just cause:
60-day notice
Offer tenants either relocation assistance or waive in writing one month’s rent
Notice must state tenants’ rights and the amount of assistance given
If the tenant fails to vacate after the expiration of the notice of termination, then any assistance that was provided is considered recoverable as damages in an action to recover possession.
If the owner does not provide relocation assistance, the notice of termination is void.
No-fault just cause includes any of the following:
When the owner or owner’s direct family is going to move in. Leases after July 1, 2020 apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows
Withdrawal of the residential real property from the rental market (sale of the property)
Government agency, court order, or local ordinance requires vacating
- If the tenant is at fault for the condition or conditions triggering the order or needs to vacate under clause (i), the tenant shall not be entitled to relocation assistance
Intent to demolish or substantially remodel the residential real property. “Substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit and requires the tenant to vacate the residential real property for at least 30 days.
If you would like to read the bill in its entirety, please visit:
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1482
