Posted on November 6, 2021 at 12:28 am | REAL ESTATE INVESTORS
What is AB 1482?
This Assembly Bill passed in 2019 and became law effective January 1, 2020. It is a state wide rent control measure that cap rent increases at 5% plus CPI (Consumer Price Index) and restricts the eviction of tenants for reasons other than just cause.
Landlords of Single Family Dwelling and Unit In HOA’s
There is an exemption for owners of single family residences and landlords with tenant who reside in Common Interest Developments as long as the owner is not a corporation. Duplexes where the owner occupies one of the dwelling is also exempt. A newly constructed ADU would be exempt as properties built within a 15 year timeframe is not subject to the law.
In order for the exemption to be deemed valid by the courts, a landlord is required to incorporate specific language into a new lease as notification that the unit is exemption from rent control and just cause eviction. Landlords with existing tenant were required to serve their tenants with notification of the exemption by July 1, 2020. The deadline was extended to August 1, 2020. Our legal counsel has advised us that even if the tenant was not served by the deadline, it is in the landlord’s best interest to still serve the tenant with the notification. If at any time in the future an owner wants or needs to sell the property and the resident refuses to vacate, a landlord could present proof the tenant was served with the notification, which would no doubt be raised by the tenant’s legal counsel as an affirmative defense in UD court.
How to Obtain the Notification
As appreciation for your viewing of our listing, we are offering free preparation of the notice for those landlords of single family dwellings. Click here to view a sample of the form. If you are interested please email us at email@example.com or click the Contact Us link or call us at (310) 538-6884. Thank you again for viewing our listing online.