Tenant Lawyers For San Jose Renters

Do I Have Eviction Protection Under California’s Tenant Protection Act?

Determining whether you have just-cause eviction protection is a two-step analysis. First, you must determine whether your unit qualifies. Second, you must determine whether you have met the length-of-tenancy requirement. Below, we explain how to determine whether you have eviction protection.

Step Two: Is My Specific Tenancy Covered By State Of California Just-Cause Eviction Protection?

A tenant or group of tenants who have continuously and lawfully occupied a unit for twelve months from the beginning of the tenancy have eviction protection. However, if another adult tenant is added to the unit after the beginning of the lease, the household does not have eviction protection until either (1) all adult tenants have continuously and lawfully resided in the unit for twelve or more months, or (2) at least one adult tenant in the unit has continuously and lawfully resided in the unit for twenty-four months.

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.

Am I Entitled To Relocation Payments When I Am Evicted Under State Of California Rent Control?

A landlord who evicts a tenant for an owner move in, a relative move in, demolition, substantial remodel, pursuant to city or county abatement, or to withdraw the unit from the rental market, must provide one of the following forms of tenant assistance at the landlord’s discretion:

1. Provide one month’s rent within fifteen days of serving the eviction notice; or
2. Waive the final month’s rent.

The eviction notice must inform the tenant of the right to relocation assistance. If the tenant does not vacate at the expiration of the notice, the landlord may recover the relocation assistance as damages. A landlord is entitled to credit the relocation against relocation required by a different statute or ordinance.

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.

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.