AB1482 Just Cause for Eviction

AB 1482 (the California Tenant Protection Act of 2019) was signed by Governor Newsom in 2019. It protects tenants from unfair evictions. Landlords must have a just cause for terminating tenancy and cannot force tenants to waive their rights to protection. 

The eviction provisions apply to all residential tenants who have lived in the unit for 12 months or more, or where at least one tenant has occupied the unit for 24 months, except for the following: 

• Units already subject to a local ordinance that requires “just cause” to terminate a tenancy and is more protective than state law
• Condos or single-family homes, unless owned by a real estate investment trust (REIT), a corporation, or a limited liability company where at least one member is a corporation
• Duplexes where the owner’s principal residence is one of the units
• Single-family, owner-occupied homes where the owner rents no more than two bedrooms or units (this includes ADUs and junior ADUs)
• Buildings constructed in the last 15 years. This is a rolling date which means that units built in 2006 will be covered in 2021, and units built in 2007 will be covered in 2022
• Housing accommodation where the tenant shares a bathroom or kitchen facilities with the owner, if the owner lives at the property as their principal residence
• Housing accommodation provided by a nonprofit hospital, church, extended care facility, licensed extended care facility for the elderly, or an adult residential facility
• Transient and tourist hotel occupancy as defined by Civil Code Section 1940(b)

The Just Cause provisions under AB 1482 apply to all cities unless:

• A city adopted a local Just Cause law on or before September 1, 2019, or
• A city adopted a more protective Just Cause law than AB 1482 after September 1, 2019

In Marin, the following areas have local Just Cause laws:   

• Unincorporated Marin
• Fairfax
• Larkspur
• San Anselmo
• San Rafael

There are different reasons why a tenancy can be terminated. These different reasons come with different noticing timelines. 

For Cause

A landlord must provide a 3-day notice to fix an eviction reason, such as any of the reasons below. 

• Nonpayment of rent 
• Breach of a material term of the lease 
• Nuisance, waste, or using the unit for unlawful purposes 
• Criminal activity on the premises or directed at the owner or its agent is grounds for eviction. 
• Refusal to allow lawful entry 
• Refusal to execute a new lease containing similar terms

No-Fault

A landlord must serve the tenant with a 30, 60, or 90-day notice for any of the “No fault” reasons below. 

• Owner move-in 
• Intent to demolish or remodel the unit 
• Withdrawal of the unit from the rental market 
• The owner complying with a government order or local law that requires the tenant to leave 

• A landlord must give a tenant 120 days' notice before removing a unit from the rental market. 
• A "No Fault" termination requires at least 60 days' notice if the tenant has lived in the unit for one or more years. Otherwise, 30 days' notice is required. 
• "For Cause" terminations must be made at least three business days before the intended final date of the tenancy. The tenant must be given notice and a chance to fix the problem, if applicable. 

All landlords must give tenants a formal written notice if AB 1482 applies to a unit or if they are claiming the single-family home or condominium exemption. It is important to note that verbal communication via call, text, or email is not sufficient. The notice should clearly detail the just cause and rent cap protections that are in place for the unit.

For units covered by AB 1482, the notice must say:   

 “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”.  

For units NOT covered by AB 1482, the notice must say:   

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Section 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation”.  

Landlords must offer either relocation assistance or a rent waiver, equivalent to one month's rent, for any no-fault reason. If relocation assistance is not given, the termination notice issued to the tenant is invalid. 

Relocation Assistance

If relocation assistance will be paid to the tenant, it must be done within 15 calendar days of the service of notice of termination of tenancy.

Rent Waiver

If relocation assistance will be satisfied via rent waiver, a written waiver of the payment of the last month’s rent must be given to the tenant before the rent due date.

Our department is here to provide information about the AB 1482 requirements, but we can't provide any legal advice. If you need legal advice, please visit our Housing Help page for more information on available resources.