California Rent Control

Step One: Is My Unit The Type That Is Covered By State Of California Eviction Protection?

All units in California that have certificates of occupancy that are fifteen years or older have eviction protection, except the following:

• Single-family homes and condominiums owned by an individual and not a corporation, an LLC owned by a corporation, or a real estate investment trust, but only if the owner of the single-family home or condominium discloses in the lease that the unit is exempt.
• Units where one tenant lives with a landlord and shares a bathroom or kitchen with the landlord.
• Single-family homes with in-law units, accessory-dwelling units, or granny units, where the landlord occupies the single-family home and rents out no more than two units or bedrooms.
• Duplexes where the landlord has continuously occupied one of the units since the beginning of the tenancy as the owner’s principal place of residency.
• Dorms owned and operated by a school.
• Hotels rooms where maid service, mail or other room services are provided.
• Housing accommodations in a nonprofit hospital, religious facility, extended care facility, or licensed elder care or adult care facility.
• Affordable housing units, BMR units, and Section 8 units, including Section 8 voucher units.
• Units covered by local rent control, even if the local ordinance has weaker eviction protection.
• Mobile homes

What Are The Just Causes For Eviction Under The State Of California Rent Control?

There are fifteen just causes under the Tenant Protection Act of 2019:

1. Failure to pay rent.
2. 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.
3. Maintaining, committing, or permitting a nuisance.
4. Committing waste.
5. Failure to sign a lease with similar terms after the expiration of a lease.
6. Criminal activity on the property, or criminal activity or criminal threat directed at an owner or manager of the property.
7. Assigning and subletting in violation of the lease.
8. Refusal to provide the owner access to the unit.
9. Using the premises for an illegal purpose.
10. Failure of a licensee, agent or employee of the landlord to vacate after termination of the relationship.
11. 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.
12. 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.
13. Withdrawal of the unit from the rental market.
14. Where a city or county agency requires the unit to be vacated due to uninhabitable conditions.
15. 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.

Can I Waive My Rights To The Protections Under State Of California Rent Control?

A tenant cannot waive their rights under the Tenant Protection Act of 2019. Any waiver of rights by a tenant is void against public policy.

Does My Lease Have To Say I Am Protected Under State Of California Rent Control?

Any lease signed or renewed after July 1, 2020 must include the below disclosure. By August 1, 2020, a landlord must disclose the below in writing to existing leaseholders. This disclosure requirement does not apply to tenants already covered by more stringent city or county rent control. Nor does it apply to units that will never be covered by eviction protection or rent-ceiling protection.

“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”

What Is The Maximum Annual Allowable Rent Increase Under State Of California Rent Control?

For units covered by the rent-ceiling limitations of State of California rent control, a landlord may only increase the rent each year by 5% plus the annual percent change in the Consumer Price Index, up to a maximum of 10%. If the landlord chooses to do smaller increases, the landlord can only increase the rent two times in one year. The law is retroactive to March 15, 2019. If a landlord has raised the rent above the allowable amount from March 15, 2019 to January 1, 2020, the rent will be rolled back, but the landlord shall not be liable to the tenant for any rent overpayments.

Can A Master Tenant Rent Gouge Under State Of California Rent Control?

Under State of California rent control, a master tenant cannot charge subtenants more than the master tenant is paying to the landlord.

Does State Rent Control Apply To Single-Family Homes And Condominiums In Rent-Controlled Jurisdictions?

In cities and counties with rent control, single-family homes and condominiums are covered by state-law rent caps where the units are not otherwise covered by local rent caps, as long as the units are not otherwise exempt under state law. For example, the San Francisco Rent Ordinance does not have rent caps for single-family homes and condominiums for post-1996 tenancies. As long as the single-family home or condominium is built more than fifteen years ago (and the tenancy and unit meet all other state rent control requirements, state rent control would apply to limit rent increases.

Can My Landlord Bank Rent Increases Under The State Of California Rent Control?

Under State of California rent control, if a landlord does not take a rent increase in any given year, the landlord cannot bank the prior rent increase.