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.
Can landlords evict tenants in California right now? ›
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 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.
How much time does a landlord have to give a tenant to move out in California? ›
A landlord can use a 30 day-notice to end a month-to-month tenancy if the tenant has been renting for less than a year. A landlord should use a 60-day notice if the tenant has been renting for more than one year and the landlord wants the tenant to move out.
Why is it so hard to evict a tenant 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.
Can a renter refuse to leave in California? ›
In California, you may also evict a tenant if: The tenant stays after the lease is up and refuses to leave voluntarily after being given the proper notice to move, or. The landlord terminates the rental agreement for a valid reason and the tenant refuses to leave on his or her own after being given the proper notice.
How fast can you evict a tenant in California? ›
The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.
What a landlord Cannot do California? ›
Retaliation. Retaliatory actions by landlords are illegal in California. This means landlords cannot increase rent, decrease services, or attempt eviction in response to tenants exercising their legal rights, such as reporting housing code violations or participating in tenant organizations.
Can a landlord ask a tenant to move out when a lease expires in California? ›
If your lease expires, the landlord has to provide you with a 30-day, 60-day, or 90-day notice to leave, depending on how long you've been renting and if you're in subsidized housing. If you've been renting for less than a year, the landlord only needs to give you 30 days' notice.
Can a landlord require 60-day notice to vacate California? ›
Rights Under the Tenant Protection Act
California's Tenant Protection Act (TPA) forbids landlords from ending month-to-month tenancies without a valid “just cause.” Additionally, the TPA requires: 60-day notice to end tenancies.
3-day Notice to Pay or Quit (pay rent or move out)
How long can you go without paying rent in California? ›
If the tenant does not pay the rent within 3 days of receiving the 3-day period, he or she must still move out in 30 days. If the tenant does not move out after the 30 days, then the landlord has to file an unlawful detainer case.
What is an illegal eviction in California? ›
Forcing a tenant out of a unit without a court order is not allowed in California. It is illegal for a landlord to do any of the following to try to force a tenant out of a unit: Remove exterior doors or windows. Prevent a tenant's access to the rental unit by changing the locks.
When can California start evictions? ›
In California, you can initiate an eviction court case under any one of the following circ*mstances: Consistently late rent. Incomplete rent payments or non-payment of rent. Breach of the lease or rental agreement, with no intent to rectify the issue.
What is the new California law for renters? ›
The Tenant Protection Act caps rent increases for most residential tenants in California. Landlords can't raise rent more than 10% total or 5% + CPI increase (whichever is lower) over a 12-month period. No-fault evictions are prohibited, so landlords can't evict a tenant without cause.
Can a landlord terminate a month-to-month lease without cause in California? ›
The rules differ depending on which type of rental agreement exists between landlord and tenant. Under California state law, a landlord can terminate a month-to-month tenancy by serving a 30-day written notice if the tenancy has lasted less than one year, or a 60-day notice if the tenancy has lasted more than one year.
