What is the Tenant Protection Act
The Tenant Protection Act (Assembly Bill 1482) takes effect January 1, 2019 providing unprecedented new protections for a majority of California renters. The law was sponsored by a broad coalition of tenant advocates across the state.
Under the Tenant Protection Act, eligible renters are covered in two major ways:
- Renters are protected from unjust evictions
- Renters are protected against unfair rent increases.
Protections from Unjust evictions
Under the Tenant Protection Act, eligible renters are protected from unjust evictions. This means your landlord must have a valid reason for evicting you as outlined below:
At Fault (Click for details)
- Failure to pay rent.
- Breach of a material term of a lease that continues after a written notice of the right to cure. The written notice must provide at least three days to cure. If the tenant does not cure, then a non-curable notice of termination may be served.
- Maintaining, committing, or permitting a nuisance.
- Destruction of property or creating a nuisance.
- Failure to sign a lease with similar terms after the expiration of a lease.
- Criminal activity on the property, or criminal activity or criminal threat directed at an owner or manager of the property.
- Assigning and subletting in violation of the lease.
- Refusal to provide the owner access to the unit.
- Using the premises for an illegal purpose.
- Failure of a licensee, agent or employee of the landlord to vacate after termination of the relationship.
- Failure of a tenant to deliver possession after the tenant gives a notice to move out or after the landlord and tenant agree in writing that the tenant will vacate.
No Fault (Click for details)
- Owner or relative move in only where the original lease or a new lease allows for an owner or relative to move in. The eviction must be done by an owner or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents. The original lease or new lease must reserve the right to move in an owner or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents.
- Withdrawal of the unit from the rental market.
- Where a city or county agency requires the unit to be vacated due to uninhabitable conditions.
- Intent to demolish or substantially remodel a unit. “Substantially remodel” means the replacement or substantial modification of any structural, electrical, plumbing or mechanical system that requires a permit, or the abatement of hazardous material, including lead, mold or asbestos that cannot be reasonably accomplished in a safe manner with the tenant in the unit and that requires the tenant to vacate for more than thirty days. Cosmetic improvements alone, including painting, decorating, and minor repairs, do not qualify, nor does any work that can be done safely with the tenant in the unit.
Protections Against Unfair Rent increases
Eligible renters are protected against rent increases that exceed 10% in a one year period or the cost of living + 5%, whichever is lower. This is often referred to as a “rent-cap” because it caps the amount your landlord can legally increase your rent year after year.
If you’re unsure if your rent increase exceeds the limit set by the law, our rent calculator can help you do the math.