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What Is California Tenant Protection Act?

Castelblanco Law Group > Tenant lawyers in California, United States  > What Is California Tenant Protection Act?

What Is California Tenant Protection Act?

California Housing

California’s rental market is shaped by a combination of statewide and local regulations to ensure fair housing and protect tenant rights. The California Tenant Protection Act establishes safeguards against unfair evictions and excessive rent increases while outlining clear responsibilities for landlords. These rules are designed to create stability and fairness, though navigating the legal details can often be challenging.

Consulting an experienced tenant attorney in California can provide valuable guidance for tenants dealing with disputes or landlords seeking clarity. This guide explores the Act’s key provisions, offering insight into your rights and obligations within the rental market.

Overview Of The California Tenant Protection Act

The California Tenant Protection Act became effective on January 1, 2020, aiming to address rental housing challenges statewide. By focusing on rental stability, the Act includes key provisions designed to shield renters from unjust evictions and excessive rent hikes. These protections apply to most residential properties, except those already governed by stricter local regulations.

Under the guidelines of the Act, landlords can only pursue evictions for “just cause,” which includes specific reasons such as non-payment of rent or lease violations. This requirement ensures that tenants cannot be removed from their homes arbitrarily. Furthermore, annual rent increases are capped at 5% plus the local inflation rate or 10%, whichever is lower, limiting sudden financial burdens on renters.

Exemptions exist for certain housing types, including owner-occupied duplexes and properties built within the last 15 years. Additionally, single-family homes not owned by corporations or specified entities fall outside the Act unless tenants are notified otherwise in writing.

Although the California Tenant Protection Act of 2019 initially introduced many of these measures, updates in 2024 further solidified its effectiveness. Renters benefit from these protections by gaining clarity and security in their housing situations, making fair treatment a standard in rental agreements.

Rent Control And Limitations On Increases

State regulations under the California Tenant Protection Act of 2019 ensure rent increases remain fair while protecting tenants from excessive financial burdens. Specific caps and exemptions clarify when landlords can adjust rents.

Statewide Caps On Rent Increases

The statewide rent increase limit set by the Tenant Protection Act restricts landlords to a maximum annual adjustment of 5% plus the local rate of inflation, with a hard cap of 10%. Whichever is lower between these two determines the ceiling. For instance, if inflation is 2%, landlords may increase rent by up to 7%. However, if inflation rises to 6%, rent adjustments cannot exceed 10%. Introduced on January 1, 2020, this limitation applies to most housing built more than 15 years ago.

Increases higher than 10% require a longer notice period. For an adjustment of 10% or less, tenants receive a 30-day notice, while larger adjustments necessitate a 60-day warning. This ensures transparency and allows renters sufficient time to prepare.

Certain areas, such as Los Angeles and San Francisco, enforce stricter local rent control laws than the statewide cap. When both local and state regulations exist, landlords must adhere to whichever controls are more restrictive.

Exemptions From Rent Control Provisions

Not all housing falls under rent control protections. Properties exempt include those built within the past 15 years, owner-occupied duplexes, and single-family homes unless owned by a corporate entity. Landlords renting a spare room within their primary residence are also not subject to these limitations. Regulations allow greater flexibility for these property types.

Exempt properties aren’t entirely unregulated if rent increases significantly. State laws still require written notice informing tenants of adjustments. Additionally, specific local ordinances might impose rules, even on exempt properties.

Exceptions designed by the Act aim to accommodate specific scenarios—such as small-scale landlords—without compromising tenants’ fundamental rights to stability. While exemptions allow flexibility, landlords remain bound by applicable laws to prevent exploitation.

Just Cause Eviction Protections

Under the California Tenant Protection Act of 2019, landlords can’t evict tenants without justifiable reasons. These protections ensure renters face lawful evictions only when valid circumstances apply.

At-Fault Evictions

Evictions under the “at-fault” category involve tenant actions violating lease agreements or laws. Typical scenarios include nonpayment of rent, material breaches of the lease, or engaging in unlawful activity like criminal acts on the property. Landlords can also evict when tenants refuse entry for lawful inspections or decline to sign a lease renewal with similar terms. Compliance with legal eviction processes is mandatory for these cases to uphold tenant rights.

No-Fault Evictions And Related Obligations

No-fault eviction occurs when a tenant isn’t responsible for leaving but must vacate due to the landlord’s needs. Reasons include owner move-ins, substantial renovations, withdrawal of the property from the rental market, or compliance with governmental directives. If evicted for these reasons, tenants qualify for either one month’s rent as relocation assistance or a waiver of the last month’s rent, as required by law. Housing providers must serve proper notice in such instances, ensuring tenants are treated fairly throughout the process.

Tenant Rights And Legal Protections

California’s tenant laws secure renters’ rights and establish guidelines for landlords. The California Tenant Protection Act of 2019 focuses on ensuring fair housing practices statewide, covering various aspects like rent control, eviction requirements, and notices.

Notices Required For Rent Increases And Evictions

Landlords must follow strict rules when notifying tenants of rent hikes or evictions. If rent increases by 10% or less, 30 days’ written notice is mandatory. Larger hikes demand 90 days’ notice. Notices must clearly outline the increase amount, effective date, and lease terms affected. Evictions require “just cause,” proper documentation must always accompany eviction procedures, whether for tenant violations or landlord-driven no-fault reasons like owner occupancy. Knowing when should a tenant hire a lawyer is crucial in cases of improper notices or disputes regarding eviction procedures.

Protections Against Harassment And Retaliation

Renters in California are legally protected from harassment and retaliation. Actions such as intimidation, threats, or utility shutoffs to force tenants out are strictly prohibited. Retaliatory measures like raising rent, cutting essential services, or evicting tenants who report unsafe conditions violate the law. Engaging in legally protected activities, like joining tenant associations or withholding rent for unaddressed habitability issues, also safeguards renters from retaliatory landlord behavior.

Legal Recourse For Tenants Facing Violations

Tenants experiencing violations of their rights can take legal action. For illegal evictions or retaliation, filing complaints with housing authorities or pursuing lawsuits may result in landlord penalties. California law allows tenants to claim damages for harassment or failure to meet habitability standards. Whether through small claims court or legal assistance, these protections offer a clear pathway to justice under the California Tenant Protection Act of 2019.

Local Regulations And Additional Protections

Different cities and counties in California maintain their own tenant protections, which often go beyond the California Tenant Protection Act. These local ordinances can impose stricter rent control measures and specify additional eviction restrictions. For instance, Los Angeles and San Francisco feature local laws limiting rent increases to smaller percentages than those allowed by the statewide law.

Such local regulations typically cover properties included and excluded from the statewide protections. In San Francisco, for example, rent-controlled buildings include multi-unit properties constructed before June 13, 1979, which adds a layer of protection not present in the California Tenant Protection Act of 2019. These laws require landlords to comply with local rules even when their properties fall under state exemptions.

Rent boards in cities like Oakland and Berkeley often assist tenants with disputes, offering resources specific to those locations. Tenants living in these areas must reference local rules alongside state protections to understand their rights fully. Relocation assistance requirements may also differ depending on city regulations, offering more substantial financial help in some cases than the state mandates.

Conclusion

The California Tenant Protection Act represents a significant step toward ensuring fair treatment for renters across the state. Establishing clear guidelines for rent increases and evictions provides tenants with much-needed stability and safeguards against exploitative practices.

Understanding these protections is essential for tenants and landlords as housing challenges persist. Staying informed about statewide regulations and stricter local laws can help foster a more equitable rental market while promoting compliance and accountability.

With updates in 2024, the Act continues to evolve, strengthening tenant rights and reinforcing California’s commitment to fair housing practices.

Eric Castelblanco, Attorney/Founder

Eric Castelblanco, founder and managing attorney of Castelblanco Law Group, APLC, has championed tenants' rights for over two decades, securing over $200 million in verdicts and settlements. His law firm also specializes in every aspect of personal injury accident cases, delivering exceptional ou...

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