I wish more property managers and landlords watched this. I don't know one PM/LL that knows any of these laws and codes. I tell them and they just stare at me. It's so annoying.
Really appreciate your videos Christian. I'm a tenant of 12yrs in a SFR. I never received an exemption notice from AB1482. In 2022, I received a 10% rent increase, that did not include the exemption notice. Is my understanding correct that my landlord lost the exemption due to the 10% rent increase in 2022?
Thanks for watching! Long story short, a landlord can issue the exemption language with a Change in Terms of Tenancy form and get their exemption....it's not gone forever, but this must be done to treat the property as exempt.
Ive spent a week straight calling attorneys, property mgrs and CAR hotline -the advice and information is all over the place. It’s sad that mom and pops wanting to be a part of the housing shortage solution by renting out a home or rooms only to get caught up in so much trauma behind these confusing tenant favored laws. The idea that a landlord would give rental assistance to tenants is a Calif bag of madness
I’ve been in a large apartment complex in California since November 2020, considered new construction (less than 15 years old), landlord never included exemption notice in my original lease agreement (or subsequent renewals) and is now trying to increase my rent by 20%. From watching your video, they were required to provide me with an exemption notice correct?
It's an interesting loophole, but some attorneys say that ew construction actually may NOT need to give the exemption notice. Discuss with a local attorney.
I have been renting a condo in Chino for over 6 years and I received a notice at my door about a 25% rent increase. They claim they are exempt from the TPA, but I want to know my rights in disproving that they are exempt. The owner is an LLC, the condo was built over 15 years ago, and the Addendum was sent through the mail after the July 2020 deadline. I signed a new lease in 2021, but did not sign the rent cap addendum.
Discuss with an attorney ASAP, they potentially lost their exemption (if they had it) with that lease renewal in 2021 👉 ruclips.net/video/D9S9xYCMdH8/видео.html
For LA County, Does the AB 1482 Verbiage have to be within the contract or is an addendum in the back the same? I was told it has to be IN the contract but the CAR rental agreement doesn't have in it.
Our landlord wants us to vacate because he is selling the house.. He has never given us a 30 day vacate. He had his realtor offer us 2000.00 cash for keys but the prices of apartments are outrageous this is for my daughter and I but we are moving in different locations I am a senior and live on a fixed income.
If you've been there over a year, you are owed a minimum of 60 day notice. Depending on where the home is, you be owed more than $2000 for relocation assistance.
Selling the property is not a valid reason to terminate tenancy in California. If the property is exempt from AB 1482, then you don't need to give a reason to terminate the tenancy. If it's subject to AB 1482, then you should discuss with an attorney on whether you can terminate the tenancy.
Our land lord serves us with and exemption for AB 1482 but they didn’t fill in the tenant name and never had us sign it so is it valid.. and can she evict
Wow, new leases can invalidate AB 1482. Leasing has become so complicated. Now, I see how NY city turned into an area where you MUST have an use a realtor to get a rental.
Hi Christian, in 2021 I signed a lease did not checked the box. Fast forward 2024, she’s raised the rent 3 years, thus last renewal she sent me an email that she needed to add a disclosure that should have been added in 2021. Now 2424, I just signed a new lease with new rent changes of course she raised the rent again another $100 but in the email her realtor was in a rush to get me that form so she wanted to drop it off. I said. No! You deliver it the correct way. So she fed ex it bc she only had one day. I signed it. Even though I knew she and her realtor were wrong. I don’t want problems with the landlord. And to appease her I signed it. Can this realtor add this rental cap form to the original lease which was 2021. The new lease was not a “renewal lease” it is “lease extension” that’s where I’m confused. I live in Riv Co in a condo built in 2006
My landlord raised rent $100 April 2023 she told me January 2024 she is raising rent again $225. That is over 30% in less than a year. Is this legal? It is a single family home...(mobile home) my first time hearing about AB 1482
should o be paying rent if I was served an unlawful detainer. I've answered it no court date yet. she acceptedrent from New after the notice was well. I have all my receipts for rent.
Stumbled upon your channel and great content. Will be going through your library. Don't want to be a nitpicky jerk but I don't think you meant supersede when it comes to local ordinances. I think a better way to think of these things is that a local government can provide more protection to residents, just not less protection. For example, years ago the US Supreme Court found that the California constitution provides more first amendment protection than the federal government and that is okay. It just wouldn't be able to provide less protection.
@@WIREassociates yes on RSO... question is... I'm in an owner-occupied duplex city of LA. I would be 1482 exempt. But it doesn't matter correct, because I'm RSO, which overrides 1482.
@@WIREassociates sorry still watching. The form you show that if someone is 1482 exempt, they need to check the box or they are NOT exempt. Do we check exempt if we are RSO? Because we are one or the other, correct, 1482 or RSO.
@@WIREassociates thank you. When they moved in, Sept 24th, 2022, I was confused and put non-exempt. I didn't realize I was either 1482 or RSO. I don't know if it matters that I did that since I am RSO. They (he) is a problem tenant. He claims to want to break the lease, but I can't imagine anyone renting to him since he's lost his sources of income while living here. But he's also received warnings and if his behavior continues, next will be a 3 day cure or quit. I'm reading a lot and watching videos, including yours, to make sure I understand everything that I never had a reason to know before this guy. Thank you so much!
First I want to thank you for the information you are providing for us tenants who have disabilities. I live in a (6) unit HUD apartment building specifically for people with disabilities chronic illness diagnosis disability. HIPPA LAWS AND MANAGEMENT MANAGER revealed to maintenance about tenants medical history. Maintenance has no reason to have this information. Example if there was blood all over the apartment let’s say for a attack and blood is all over the apartment. That would be the job for example crime scene cleaners and cleaning company with BIOHAZARD CERTIFIED CLEANERS. Security gates. Call box installed over 3 years worked Maybe 3 days emergency personnel such as firefighters keys are supposed be in a mini lockbox suppose a tents dies or severely injured apartment building security door Entry door not adequate can easily be jimmied open I door have the video have video my security gate on my door metal is rusted and inadequate and broken any criminal can pull on it and snatch it open management hasn’t fixed my sink in almost 3 months received 48hr notice shut off water bill tenant doesn’t pay water . Can you steer us in the right direction thank you sir for reading hopefully we can learn what we can do
You're going to want to run these items by an attorney ASAP...try here 👉 www.lawhelpca.org/issues/housing You can also try reaching out to the local housing authority.
My ex spouse ended our relationship requested a month-to-month rental agreement; he has been in/ paying rent in the property over a year (Note: I live in the dwelling as well), I need to move my elderly mother back in from a nursing facility, not sure how to terminate his month-to-month, can you please refer me to information please. Thank you.
I have a hypothetical question.. if a landlord/owner is occupying one bedroom in a 4 bedroom single family home and they are renting out the other 3 bedrooms on a month to month basis, and all 3 tenants have been renting for less that 1 year, is the landlord subject to ab 1482 or exempt?
Question for you? Property in question is exempt from AB1482. No change in tenancy terms has been given, no new contract, its a month to month tenancy. A notice of new ownership was given to the tenants. From sole proprietorship to LLC, not a corporation. 1) Do we still need to provide them with a "Notice to Tenants-This Tenancy is Exempt from Statewide Rent Control AB 1482 ? if we plan to provide a 60day notice to terminate tenancy ? (for substantial renovations? *yes, we do plan on pulling permits, etc.*) 2) Because the property is exempt, is the minimum relocation assistance 1 month's rent? or option to waive the last month? Or none at all, (because its exempt)??
1) Yes, you'll need to notify the tenants of the exemption BEFORE giving the 60 day termination notice. 2) If exempt, then no relocation assistance is required (and you don't need to give a reason for the termination) unless there is a local ordinance in place that requires just cause or relocation assistance.
Chris, thank you very much for all you teach us!! Look, I've been looking for form AB1482 and I can't find it on the DRE library. Can you please tell me where that form is?
We're renting a townhome in Seal Beach. We've been here since Jan 2021. We're to be out by April 30, 2024. The Landlords told us that they're coming back from Texas b/c they miss California, and want to re-occupy this home. What financial compensation are we due? Is it just one month's rent, and if so, is the compensation value for the new home that we're going to rent (which is $400 a mth more)? Besides this townhome, the owners (a married couple) own a 4plex in San Pedro that they rent out, and a condo in Palm Springs that they rent out. You're site is super slick BTW!
Thanks for watching! If the property is exempt, which is sounds like it is, then technically they don't owe relocation assistance in Seal Beach for a townhome.
7 месяцев назад+1
Hi Christian, great and helpful content. Quick question, you mentioned around the 26 minute mark that landlords who missed the August 1st deadline for exemption, have an opportunity to establish exemption, if tenancy was established prior to July 1, and there haven't been any lease extensions or any updates to the agreement, if they use notice "AB 42". I cannot find anything regarding AB 42, is it perhaps a different number? Thank you
What if you’ve rented a home for two years, always paid rent on time and have been an unproblematic tenant but are planning to move at lease end because the rent isn’t sustainable and property management posts the house for rent for considerably less than you currently pay is that discrimination?
On the face of it, it doesn't seem like discrimination, but there could be more facts that make it so...you can discuss with an attorney. What did they say when you asked if you can stay and pay that rent amount?
What to expect? A mother in assisted living. Has her daughter living in the family home with co owned bank accounts. Is the only beneficiary. A POA for the mother who passed served unlawful detainer two mo. Before moms death. Now says mom changed her will. And has the estate assets claiming to be the successor in interest.
Wow, that's a tough one. You'll need to get an attorney involved ASAP to establish who the rightful owner is and it sounds like it'll need t go through the probate process.
@@WIREassociateswe are face with a petition to disperse the estate. We have no accounting. No access to 4 bank accounts. An annuity was paying 3152.00 a month. Air Force Dad and Mother raised there Daughter on bace. They retired in 1968. And both went to assisted living in 2010. The Daughter was asked to be trustee executor. She serves with respect for 12 years. Goes in the hospital. Mom gets a new friend who slanders the family. Now assumes the eviction as successor in interest.
Can you please direct us to where it says in the TPA that if a landlord didn't give notice of the exemption for the lease signed or renewed after 1/1/2020 for the "15 years or newer" situation, then they lost it?
Same comment I left on your other comment, since it applies here, too: It's worth discussing with an attorney, but there's a certain line of interpretation that says that construction less than 15 years old has the exemption by right and doesn't need to provide the exemption notice, but again, definitely worth discussing with an attorney.
Question: We live in San Diego county do those rules apply to tenants as well. I am having difficulty finding information for San Diego county. Tenant rights when a landlord is trying to sell our rental.
The Tenant Protection Act is statewide so you will fall under it, but the property may be exempt from protections...this video explains more 👉 ruclips.net/video/3rf780Cg2xI/видео.html If you're in San Diego City, then you may have additional protections (worth double-checking). You can always try reaching out to local Legal Aid for guidance, as well.
Thanks for the great video. Property is exempt and tenants moved in prior to 7/1/2020 (2019 July actually, after 7/1/2020 became month to month till now). No local tigher rent control law. 1) Can the landlord give notice of exemption (email or usps mail, registered mail?) and increase the rent right away? 2) If landloard agrees to only increase 10% now per tenant's request. Can the landlord increase the rent again after giving exemption notice? THANK YOU
Question..There is a 4 bedroom apartment in a housing compound in fountain valley California.. the owner of this apartment divides it into TWO apartments each two bedrooms as each has its own entrance He does lease both is this considered a duplex and subject to an 1482 ?? He has been raising rent twice each year at a 10% each time
Regarding a duplex in Fair Oaks CA (Sacramento suburb): Has there been any additional clarity in the law (AB 1482) should a tenant want to return to their apartment after the "substantial remodel" was completed and at the new market rental price? Considering that the old lease was terminated and the relocation assistance given.
@@WIREassociates Sorry, I am confused...are you saying that previous tenant could re-rent the apartment at the new lease price or not? This tenant has been extraordinary, we just have not kept up with the fair market rental values. We think they may want to return if it is possible for them. Thank you so much for your very informative channel!
@@aidab7542 Yes, you can re-lease to the same tenant at market value. You're not required to and not required to rent at the previous rate...it's your choice.
@@WIREassociates Awesome! When we checked last year about this, the info we got was a bit ambiguous as to whether we could re-lease. Thank you Christopher!
Is it legal to terminate a lease with a notice to terminate with 60 or 30 day notice if the property is not exempt from AB1482? Can the landlord give AB 1482 notice after the lease has been signed?
A month-to-month property can have the tenancy terminated whether exempt or subject to AB 1482, there are just different rules to follow. If the lease or rental agreement was signed after July 2020, then they can't give an exemption form now.
I just received my 60 day notice of termination of Tenancy City of San Diego. Should I have also received the pamphlet of Ordinance info. Also, does the landlord have to reach out within the 15 days with relocation assistance info/payment?
Hi looking to serve a vacate notice of 60 days to my kids grandparents (parents of my ex) who have been paying rent since 2015 but there was never a lease agreement in place. Not sure if they are exempt for AB1482 since it is a single family home I'm the only owner on that home.
Discuss with an attorney. Depending on where the property is, you may be able to terminate the tenancy with a 60 day notice. I'd recommend delivering the AB 1482 exemption language before terminating the tenancy, but again, it will matter where the property is.
Am a Landlord single family home ,not a corp or LLC. Tenants moved in prior to 7.1.2020. 1 yr lease currently month to month. Can I still serve them the AB 1482 exemption form notice only nothing else just so they are aware .
I live in Hollywood CA, and the property is a duplex and a separate unit in the back separate from duplex which makes it a triplex and iam the owner and live in one of unit of the duplex. The duplex was built in 1963, and is under RSO is this property SUBJECT or EXEMPT from Ab 1482,? I am really confused
interesting video, it is hard to find good reliable information on this... quick question. can you regain the exemption if it wasn't included in a lease renewal signed in late 2021? lease renewal has since expired and is now month to month...landlord served the exemption post-expiration of the lease renewal followed shortly by a 60-day notice to terminate, no-fault...does the expiration of lease renewal allow them to revive the exemption?
The landlord may have lost the exemption and no the expiration of a lease or lease renewal does not allow them to regain. The caveat is that it will depend on what the eviction court judge says if it moves to unlawful detainer action and you bring this up as an affirmative defense. Some judges will say the exemption is gone and some won't. There hasn't been definitive case law to define the answer.
I can’t find specific wording in the new law about the timeframe you mention, over 30 days. I see that my just clause notice says “. “That after the tenants have occupied the property for 12 months or more”. Doesn’t the word AFTER specify that it means that AB1482 come into play after the expiration of a one year term? Does AB1482 apply if landlord just wants to let a one year lease expire without renewing? Technically the tenant has been in residence 364 days, which is less than one year. Is the landlord required to extend the lease indefinitely?
Yes, technically AB 1482 goes into effect after 12 months of occupancy. Yes, a landlord could have leases of less than a year or month-to-month for less than a year and get the tenants out under the year mark and never have AB 1482 go into effect (in many areas of CA). As for a lease ending and being required to be renewed, that DOES apply in some areas, for example in LA City...you'll want to discuss with an attorney.
Chris, thank you every much for your video, i learned a lot from it. I got a quick question regarding the combination of AB 1482 exemption and section 8 tenants. My rental property is in orange county, and is single family home, it is supposed to have AB 1482 exemption。My uncle's family will immigrate to US soon, I plan to let them stay in my property, I understand that if tenant is non voucher, I can give tenant 60 days notice (tenant is on month-to-month), without paying any assistant fee. But, if tenant is section 8, is 60 days notice still legal? Or secton 8 tenants is not exempt from AB 1482 no matter the type of property? Thanks in advance.
Section 8 renters require a 90 day notice to terminate tenancy. If it's a HUD voucher for your rental unit, then it is not necessarily exempt from AB 1482.
Tenants are becoming more educated than property managers and landlords from my experience. Probably because the law favors them so much. But landlords and property managers need to get on it!
Hi! I watched your video about termination of tenancy notice (Zipforms) , if the property subject to AB 1482 under 2A, does landlord pay only 1 month rent or ..the bigger amount under Los Angeles ordinance, if we served tenant under 3D can we change to 2A?
If it IS subject to the TPA, then you will need to re-serve the notice correctly. The local ordinance will govern the relocation assistance amount....if there isn't a local ordinance, then it will be 1 month's rent.
property mgmt says owners wants to move in... gave me a60 notice for the same 1 year ago and now again??? I've lived there 8 years other unit has newer tenant and another is going to be moving. this is a4 plex over 15 years old. can they evict me instead one of moving into other unit
also I liked at my original lease with a different owner before this one and it's been 10 years. Did I read something about being 62 years of age that allows for more time?
Hello Chris, I have few questions regarding AB1482: 1. I have a SFR (1955) and a separated ADU built in 2018. Are they exempt from AB1482? As I know lately in CA that you can sell ADU separately from SFR as long you set up HOA for the properties. Also, my ADU is newer than 15 years old. 2. Are properties exempt from AB1482 having no rent cap i.e. 5% + inflation up to 10%? 3. If properties are exempt from AB1482, then landlord does not have to provide a reason when asking tenants to move out as long they are month to month lease, right? 4. Even I don’t have AB1482 exempt clause on the rental contract, can I make a new contract and have my tenants signed if they agreed? Thanks for your help. Hoa
Hello my name is Ruben I have a single family home in the city of Pomona California. I just got my attached ADU approved by the city. I have a tenant who’s year lease is up 1-31-24. He’s been living since 1-15-20. I plan to give him a 60 day to vacate on 10-31-23. I know I fall under the Ab 1482 remodel home. I need help on how to serve him the exemption to AB1482. I just don’t know what how to or do I go the city ?
Great explanation for 1482. I like to do small updates to my properties every 3-5 years while vacant. Question: For my duplex, if I offer my tenant a 5 year lease, and am not exempt from 1482, would I be obligated to extend the lease in 5 years when the lease expires? Also, SB 567- do the changes only apply to SB 1482 properties? If I'm exempt from SB 1482, am I also exempt from SB 567?
In some areas, you will be required to renew (like LA City) and since you are subject to AB 1482, you'll need to have one of the no fault reasons to terminate the tenancy in 5 years...a small update to the property would not be sufficient. SB 567 has NOT passed and may not pass or could be revised, so we can't be sure for now how it effects your property.
@@WIREassociates Thank you. I'm probably planning too far in advance, but I heard that SB567 has a clause to remove Costa Hawkins. I know the passage is hypothetical, but I see so many yes votes that I think it may pass. There's so many paragraphs and subparagraphs that I can't figure if the author is suggesting the elimination of Costa Hawkins as part of her bill. Is eliminating Costa Hawkins part of her bill?
Hi we have a SfR that is part of Unincorporated area of Los Angeles County. We have a tenant that has been there since 2021, the contract expired 4 months ago and we are in a month to month basis. We are thinking about renewing for 6 months, do we need to provide the form or this law doesn’t apply to us? Thank you
CAR Attorney advised me to implement the AB-1482 as an addendum to my month to month lease and wait 30 days to serve Notice. But you video states exemption is lost??? My tenant has been there 6 months and I live in the home. Contract violations were done causing property damage and there is a drug issue. Renting this room is no longer worth the damage and drama.
Hello Chris,,,,,, i own house and i let one room rented to help me in my mortgage, but the tenant giving me stress and head ache, He rented the room for 1 year now with out a lease, so this june we have agreement let him stay month to month with in 6 mons..... its a big mistake for me , can i terminate the lease let him vacate my placxe
Hi thanks for the information .I just won two cases in court about rent dispute,I just got served again for 3 day pay or quit and unlawful detainer I offered to pay $2200 and they would not accept $ 3300 was the amount that the court said that I had to pay ,they said I owed$1000+ and lost them filled again for$7700 and lost ,I stopped paying after I got the faculty notices,3 months ,I did pay $400 then got served ,now I gotta file saying that I have tried to pay $2200 and I'm working on some assistance for one month to make the full $3300 I might be able to utilize the renter relocation act ?? Santa Cruz Co ?
I wish more property managers and landlords watched this. I don't know one PM/LL that knows any of these laws and codes. I tell them and they just stare at me. It's so annoying.
You are my go to source, for figuring out these nightmare laws. Tyvm!!
Much appreciated, Maria!
Thanks so much Christian! 🙏
😀👍
Thank you so much. Most of what was said was not applicable, but the parts that were applicable were very valuable.
Glad it was helpful!
Really appreciate your videos Christian. I'm a tenant of 12yrs in a SFR. I never received an exemption notice from AB1482. In 2022, I received a 10% rent increase, that did not include the exemption notice. Is my understanding correct that my landlord lost the exemption due to the 10% rent increase in 2022?
Thanks for watching! Long story short, a landlord can issue the exemption language with a Change in Terms of Tenancy form and get their exemption....it's not gone forever, but this must be done to treat the property as exempt.
Ive spent a week straight calling attorneys, property mgrs and CAR hotline -the advice and information is all over the place. It’s sad that mom and pops wanting to be a part of the housing shortage solution by renting out a home or rooms only to get caught up in so much trauma behind these confusing tenant favored laws. The idea that a landlord would give rental assistance to tenants is a Calif bag of madness
Do you have a webinar on the ins/outs of offering a tenant a 12 month lease after they have been living in the unit for 12 months or going MtM.
I don't, but I'll add it to the list. Great question!
If a SFR is older than 15 years old is it expected from AB 1482
Most SFRs are exempt no matter what their age is.
Yes, thank you for your reply
God bless for HE is Love
Here in Bakersfield CA. appreciate the info.
Glad to help!
I’ve been in a large apartment complex in California since November 2020, considered new construction (less than 15 years old), landlord never included exemption notice in my original lease agreement (or subsequent renewals) and is now trying to increase my rent by 20%. From watching your video, they were required to provide me with an exemption notice correct?
It's an interesting loophole, but some attorneys say that ew construction actually may NOT need to give the exemption notice. Discuss with a local attorney.
I have been renting a condo in Chino for over 6 years and I received a notice at my door about a 25% rent increase. They claim they are exempt from the TPA, but I want to know my rights in disproving that they are exempt. The owner is an LLC, the condo was built over 15 years ago, and the Addendum was sent through the mail after the July 2020 deadline. I signed a new lease in 2021, but did not sign the rent cap addendum.
Discuss with an attorney ASAP, they potentially lost their exemption (if they had it) with that lease renewal in 2021 👉 ruclips.net/video/D9S9xYCMdH8/видео.html
For LA County, Does the AB 1482 Verbiage have to be within the contract or is an addendum in the back the same? I was told it has to be IN the contract but the CAR rental agreement doesn't have in it.
An addendum within the lease is fine...as long as it's all delivered together.
Our landlord wants us to vacate because he is selling the house.. He has never given us a 30 day vacate. He had his realtor offer us 2000.00 cash for keys but the prices of apartments are outrageous this is for my daughter and I but we are moving in different locations I am a senior and live on a fixed income.
If you've been there over a year, you are owed a minimum of 60 day notice. Depending on where the home is, you be owed more than $2000 for relocation assistance.
Do you know if Landlord can evict for sell of property in San Diego County?
Selling the property is not a valid reason to terminate tenancy in California. If the property is exempt from AB 1482, then you don't need to give a reason to terminate the tenancy. If it's subject to AB 1482, then you should discuss with an attorney on whether you can terminate the tenancy.
Our land lord serves us with and exemption for AB 1482 but they didn’t fill in the tenant name and never had us sign it so is it valid.. and can she evict
Wow, new leases can invalidate AB 1482. Leasing has become so complicated. Now, I see how NY city turned into an area where you MUST have an use a realtor to get a rental.
Yep! And I see this very often....
Missed the live 😢
Next time Carol!
What if there is two separate single family houses on the same lot? Its not a duplex they are separate. They are in a family trust. Are they exempt?
Can they be sold separately from each other? If not, then it's considered a duplex and not exempt.
Hi Christian, in 2021 I signed a lease did not checked the box. Fast forward 2024, she’s raised the rent 3 years, thus last renewal she sent me an email that she needed to add a disclosure that should have been added in 2021. Now 2424, I just signed a new lease with new rent changes of course she raised the rent again another $100 but in the email her realtor was in a rush to get me that form so she wanted to drop it off. I said. No! You deliver it the correct way. So she fed ex it bc she only had one day. I signed it. Even though I knew she and her realtor were wrong. I don’t want problems with the landlord. And to appease her I signed it. Can this realtor add this rental cap form to the original lease which was 2021. The new lease was not a “renewal lease” it is “lease extension” that’s where I’m confused. I live in Riv Co in a condo built in 2006
Technically it still could be given to you, but it wouldn't be retroactive back to the 2021 lease.
My landlord raised rent $100 April 2023 she told me January 2024 she is raising rent again $225. That is over 30% in less than a year. Is this legal? It is a single family home...(mobile home) my first time hearing about AB 1482
It might not be...check local regulations and see if the the landlord gave you the AB 1482 exemption language.
should o be paying rent if I was served an unlawful detainer. I've answered it no court date yet. she acceptedrent from New after the notice was well. I have all my receipts for rent.
If she accepted rent after the notice, then you can use this as an affirmative defense against the eviction.
Stumbled upon your channel and great content. Will be going through your library. Don't want to be a nitpicky jerk but I don't think you meant supersede when it comes to local ordinances. I think a better way to think of these things is that a local government can provide more protection to residents, just not less protection. For example, years ago the US Supreme Court found that the California constitution provides more first amendment protection than the federal government and that is okay. It just wouldn't be able to provide less protection.
You're correct, if I mixed that up, I apologize. A local ordinance that's more strict would take priority.
Can u please do a video on rso properties
Thanks for asking, that's a big topic and will start to work it in the content! Any questions in particular on it?
@@WIREassociates yes on RSO... question is... I'm in an owner-occupied duplex city of LA. I would be 1482 exempt. But it doesn't matter correct, because I'm RSO, which overrides 1482.
@@WIREassociates sorry still watching. The form you show that if someone is 1482 exempt, they need to check the box or they are NOT exempt. Do we check exempt if we are RSO? Because we are one or the other, correct, 1482 or RSO.
@@iposttvshows Since it's an owner-occupied duplex, you'd be exempt from AB 1482 and should give the form, but subject to RSO.
@@WIREassociates thank you. When they moved in, Sept 24th, 2022, I was confused and put non-exempt. I didn't realize I was either 1482 or RSO. I don't know if it matters that I did that since I am RSO.
They (he) is a problem tenant. He claims to want to break the lease, but I can't imagine anyone renting to him since he's lost his sources of income while living here. But he's also received warnings and if his behavior continues, next will be a 3 day cure or quit. I'm reading a lot and watching videos, including yours, to make sure I understand everything that I never had a reason to know before this guy.
Thank you so much!
First I want to thank you for the information you are providing for us tenants who have disabilities. I live in a (6) unit HUD apartment building specifically for people with disabilities chronic illness diagnosis disability. HIPPA LAWS AND MANAGEMENT MANAGER revealed to maintenance about tenants medical history. Maintenance has no reason to have this information. Example if there was blood all over the apartment let’s say for a attack and blood is all over the apartment. That would be the job for example crime scene cleaners and cleaning company with BIOHAZARD CERTIFIED CLEANERS. Security gates. Call box installed over 3 years worked Maybe 3 days emergency personnel such as firefighters keys are supposed be in a mini lockbox suppose a tents dies or severely injured apartment building security door Entry door not adequate can easily be jimmied open I door have the video have video my security gate on my door metal is rusted and inadequate and broken any criminal can pull on it and snatch it open management hasn’t fixed my sink in almost 3 months received 48hr notice shut off water bill tenant doesn’t pay water . Can you steer us in the right direction thank you sir for reading hopefully we can learn what we can do
You're going to want to run these items by an attorney ASAP...try here 👉 www.lawhelpca.org/issues/housing You can also try reaching out to the local housing authority.
My ex spouse ended our relationship requested a month-to-month rental agreement; he has been in/ paying rent in the property over a year (Note: I live in the dwelling as well), I need to move my elderly mother back in from a nursing facility, not sure how to terminate his month-to-month, can you please refer me to information please. Thank you.
It'll depend on where the property is, which city?
I have a hypothetical question.. if a landlord/owner is occupying one bedroom in a 4 bedroom single family home and they are renting out the other 3 bedrooms on a month to month basis, and all 3 tenants have been renting for less that 1 year, is the landlord subject to ab 1482 or exempt?
You'll need to discuss that scenario with an attorney...you may be partially exempt from AB 1482, but the attorney will clarify.
Question for you? Property in question is exempt from AB1482. No change in tenancy terms has been given, no new contract, its a month to month tenancy. A notice of new ownership was given to the tenants. From sole proprietorship to LLC, not a corporation. 1) Do we still need to provide them with a "Notice to Tenants-This Tenancy is Exempt from Statewide Rent Control AB 1482 ? if we plan to provide a 60day notice to terminate tenancy ? (for substantial renovations? *yes, we do plan on pulling permits, etc.*)
2) Because the property is exempt, is the minimum relocation assistance 1 month's rent? or option to waive the last month? Or none at all, (because its exempt)??
1) Yes, you'll need to notify the tenants of the exemption BEFORE giving the 60 day termination notice.
2) If exempt, then no relocation assistance is required (and you don't need to give a reason for the termination) unless there is a local ordinance in place that requires just cause or relocation assistance.
Hi, exemption from AB 1472 means I can't get relocation assistance when it's just cause no fault ?
Chris, thank you very much for all you teach us!! Look, I've been looking for form AB1482 and I can't find it on the DRE library. Can you please tell me where that form is?
Glad to help...it's the RCJC in the CAR form library.
Thank you very much.
We're renting a townhome in Seal Beach. We've been here since Jan 2021. We're to be out by April 30, 2024. The Landlords told us that they're coming back from Texas b/c they miss California, and want to re-occupy this home. What financial compensation are we due? Is it just one month's rent, and if so, is the compensation value for the new home that we're going to rent (which is $400 a mth more)? Besides this townhome, the owners (a married couple) own a 4plex in San Pedro that they rent out, and a condo in Palm Springs that they rent out. You're site is super slick BTW!
Thanks for watching! If the property is exempt, which is sounds like it is, then technically they don't owe relocation assistance in Seal Beach for a townhome.
Hi Christian, great and helpful content. Quick question, you mentioned around the 26 minute mark that landlords who missed the August 1st deadline for exemption, have an opportunity to establish exemption, if tenancy was established prior to July 1, and there haven't been any lease extensions or any updates to the agreement, if they use notice "AB 42". I cannot find anything regarding AB 42, is it perhaps a different number?
Thank you
Should be AB 1482 exemption form...
What if you’ve rented a home for two years, always paid rent on time and have been an unproblematic tenant but are planning to move at lease end because the rent isn’t sustainable and property management posts the house for rent for considerably less than you currently pay is that discrimination?
On the face of it, it doesn't seem like discrimination, but there could be more facts that make it so...you can discuss with an attorney. What did they say when you asked if you can stay and pay that rent amount?
What to expect? A mother in assisted living. Has her daughter living in the family home with co owned bank accounts. Is the only beneficiary. A POA for the mother who passed served unlawful detainer two mo. Before moms death. Now says mom changed her will. And has the estate assets claiming to be the successor in interest.
Wow, that's a tough one. You'll need to get an attorney involved ASAP to establish who the rightful owner is and it sounds like it'll need t go through the probate process.
@@WIREassociateswe are face with a petition to disperse the estate. We have no accounting. No access to 4 bank accounts. An annuity was paying 3152.00 a month. Air Force Dad and Mother raised there Daughter on bace. They retired in 1968. And both went to assisted living in 2010. The Daughter was asked to be trustee executor. She serves with respect for 12 years. Goes in the hospital. Mom gets a new friend who slanders the family. Now assumes the eviction as successor in interest.
Can you please direct us to where it says in the TPA that if a landlord didn't give notice of the exemption for the lease signed or renewed after 1/1/2020 for the "15 years or newer" situation, then they lost it?
Same comment I left on your other comment, since it applies here, too: It's worth discussing with an attorney, but there's a certain line of interpretation that says that construction less than 15 years old has the exemption by right and doesn't need to provide the exemption notice, but again, definitely worth discussing with an attorney.
how if the tenant refuses to sign the renewal agreement because the AB 1482 Exemption included in the agreement?
Discuss with an attorney, you may be able to evict for this, if you truly are still able to give the AB 1482 exemption paperwork at this point.
Question: We live in San Diego county do those rules apply to tenants as well. I am having difficulty finding information for San Diego county. Tenant rights when a landlord is trying to sell our rental.
The Tenant Protection Act is statewide so you will fall under it, but the property may be exempt from protections...this video explains more 👉 ruclips.net/video/3rf780Cg2xI/видео.html If you're in San Diego City, then you may have additional protections (worth double-checking). You can always try reaching out to local Legal Aid for guidance, as well.
Thanks for the great video. Property is exempt and tenants moved in prior to 7/1/2020 (2019 July actually, after 7/1/2020 became month to month till now). No local tigher rent control law. 1) Can the landlord give notice of exemption (email or usps mail, registered mail?) and increase the rent right away? 2) If landloard agrees to only increase 10% now per tenant's request. Can the landlord increase the rent again after giving exemption notice? THANK YOU
Yes, based on what you shared, the tenant can be given the exemption notice now and rent can be increased with no limit after this.
Chris what's the max rent increase for Inglewood calif.?
Hi Shirley, is the unit under RSO or not? If not, is it exempt from AB 1482? Sorry for all the questions, but these change the answer....
Chris yes Inglewood has
RSO
Can you do anything if you get the notice to vacate?
Have an attorney review the notice to make sure it's valid.
What was the name of the Attorney you mentioned that is good for landlords
Kenny Lim is the attorney who I recommend.
The exemption was mentioned in the lease, is that sufficient ?
Yes, that works, as long as the language is correct.
Question..There is a 4 bedroom apartment in a housing compound in fountain valley California.. the owner of this apartment divides it into TWO apartments each two bedrooms as each has its own entrance
He does lease both is this considered a duplex and subject to an 1482 ??
He has been raising rent twice each year at a 10% each time
Discuss with an attorney, but this is most likely not a legal duplex and not exempt from AB 1482.
My landlord put a 30 day notice on my door and my rent is paid on time all the tome. And I been here a year should he have given me 60 days
It will depend on where it is and what your lease says.
Regarding a duplex in Fair Oaks CA (Sacramento suburb): Has there been any additional clarity in the law (AB 1482) should a tenant want to return to their apartment after the "substantial remodel" was completed and at the new market rental price? Considering that the old lease was terminated and the relocation assistance given.
No, not unless a local ordinance requires it, which I don't believe Sacramento does.
@@WIREassociates Sorry, I am confused...are you saying that previous tenant could re-rent the apartment at the new lease price or not? This tenant has been extraordinary, we just have not kept up with the fair market rental values. We think they may want to return if it is possible for them. Thank you so much for your very informative channel!
@@aidab7542 Yes, you can re-lease to the same tenant at market value. You're not required to and not required to rent at the previous rate...it's your choice.
@@WIREassociates Awesome! When we checked last year about this, the info we got was a bit ambiguous as to whether we could re-lease. Thank you Christopher!
Is it legal to terminate a lease with a notice to terminate with 60 or 30 day notice if the property is not exempt from AB1482? Can the landlord give AB 1482 notice after the lease has been signed?
A month-to-month property can have the tenancy terminated whether exempt or subject to AB 1482, there are just different rules to follow. If the lease or rental agreement was signed after July 2020, then they can't give an exemption form now.
I just received my 60 day notice of termination of Tenancy City of San Diego. Should I have also received the pamphlet of Ordinance info. Also, does the landlord have to reach out within the 15 days with relocation assistance info/payment?
Yes and yes. Discuss with SD Housing Commission 👉 www.sdhc.org/housing-opportunities/tenant-protections/
Hi looking to serve a vacate notice of 60 days to my kids grandparents (parents of my ex) who have been paying rent since 2015 but there was never a lease agreement in place. Not sure if they are exempt for AB1482 since it is a single family home I'm the only owner on that home.
Discuss with an attorney. Depending on where the property is, you may be able to terminate the tenancy with a 60 day notice. I'd recommend delivering the AB 1482 exemption language before terminating the tenancy, but again, it will matter where the property is.
Am a Landlord single family home ,not a corp or LLC. Tenants moved in prior to 7.1.2020.
1 yr lease currently month to month.
Can I still serve them the AB 1482 exemption form notice only nothing else just so they are aware .
Yes, technically you can...here's a video I did on the deadlines 👉 ruclips.net/video/D9S9xYCMdH8/видео.html
I'm looking at purchasing a quadplex in Lomita, CA. Is there anyway for me to remove tenants after purchase or would i have to retain the tenants?
I have a couple ideas on this, Tej, I got your email and will give you a call in the AM. Thanks!
What if we have two homes sharing a wall both have their own kitchen and bath , and a seperate studio ? Is that a triplex?
Yes.
I live in Hollywood CA, and the property is a duplex and a separate unit in the back separate from duplex which makes it a triplex and iam the owner and live in one of unit of the duplex. The duplex was built in 1963, and is under RSO is this property SUBJECT or EXEMPT from Ab 1482,? I am really confused
It's subject to AB 1482 based o the number of units, you should give the notice, but RSO is much more strict.
interesting video, it is hard to find good reliable information on this... quick question. can you regain the exemption if it wasn't included in a lease renewal signed in late 2021? lease renewal has since expired and is now month to month...landlord served the exemption post-expiration of the lease renewal followed shortly by a 60-day notice to terminate, no-fault...does the expiration of lease renewal allow them to revive the exemption?
The landlord may have lost the exemption and no the expiration of a lease or lease renewal does not allow them to regain. The caveat is that it will depend on what the eviction court judge says if it moves to unlawful detainer action and you bring this up as an affirmative defense. Some judges will say the exemption is gone and some won't. There hasn't been definitive case law to define the answer.
much appreciated I couldnt find anything definitive doesnt sound like there is @@WIREassociates
I can’t find specific wording in the new law about the timeframe you mention, over 30 days. I see that my just clause notice says “. “That after the tenants have occupied the property for 12 months or more”. Doesn’t the word AFTER specify that it means that AB1482 come into play after the expiration of a one year term? Does AB1482 apply if landlord just wants to let a one year lease expire without renewing? Technically the tenant has been in residence 364 days, which is less than one year. Is the landlord required to extend the lease indefinitely?
Yes, technically AB 1482 goes into effect after 12 months of occupancy. Yes, a landlord could have leases of less than a year or month-to-month for less than a year and get the tenants out under the year mark and never have AB 1482 go into effect (in many areas of CA). As for a lease ending and being required to be renewed, that DOES apply in some areas, for example in LA City...you'll want to discuss with an attorney.
Chris, thank you every much for your video, i learned a lot from it. I got a quick question regarding the combination of AB 1482 exemption and section 8 tenants.
My rental property is in orange county, and is single family home, it is supposed to have AB 1482 exemption。My uncle's family will immigrate to US soon, I plan to let them stay in my property, I understand that if tenant is non voucher, I can give tenant 60 days notice (tenant is on month-to-month), without paying any assistant fee. But, if tenant is section 8, is 60 days notice still legal? Or secton 8 tenants is not exempt from AB 1482 no matter the type of property? Thanks in advance.
Section 8 renters require a 90 day notice to terminate tenancy. If it's a HUD voucher for your rental unit, then it is not necessarily exempt from AB 1482.
What tenant spends their time keeping up with all the crazy rental laws?…. Only the most difficult ones. 😂
Free Tenant Lawyers keep track for them.
Tenants are becoming more educated than property managers and landlords from my experience. Probably because the law favors them so much. But landlords and property managers need to get on it!
Hi! I watched your video about termination of tenancy notice (Zipforms) , if the property subject to AB 1482 under 2A, does landlord pay only 1 month rent or ..the bigger amount under Los Angeles ordinance, if we served tenant under 3D can we change to 2A?
If it IS subject to the TPA, then you will need to re-serve the notice correctly. The local ordinance will govern the relocation assistance amount....if there isn't a local ordinance, then it will be 1 month's rent.
Thank you!@@WIREassociates
Could you please kindly advise us the lawyer contact #, many thanks! @@WIREassociates
property mgmt says owners wants to move in... gave me a60 notice for the same 1 year ago and now again??? I've lived there 8 years other unit has newer tenant and another is going to be moving. this is a4 plex over 15 years old. can they evict me instead one of moving into other unit
They may not be able to use owner move in in your situation, it depends what city you are in. What city is it?
Manteca
also I liked at my original lease with a different owner before this one and it's been 10 years. Did I read something about being 62 years of age that allows for more time?
Hello Chris,
I have few questions regarding AB1482:
1. I have a SFR (1955) and a separated ADU built in 2018. Are they exempt from AB1482? As I know lately in CA that you can sell ADU separately from SFR as long you set up HOA for the properties. Also, my ADU is newer than 15 years old.
2. Are properties exempt from AB1482 having no rent cap i.e. 5% + inflation up to 10%?
3. If properties are exempt from AB1482, then landlord does not have to provide a reason when asking tenants to move out as long they are month to month lease, right?
4. Even I don’t have AB1482 exempt clause on the rental contract, can I make a new contract and have my tenants signed if they agreed?
Thanks for your help. Hoa
Thanks Hoa, glad we could connect on the phone to discuss.
Hello my name is Ruben
I have a single family home in the city of Pomona California. I just got my attached ADU approved by the city. I have a tenant who’s year lease is up 1-31-24. He’s been living since 1-15-20.
I plan to give him a 60 day to vacate on 10-31-23. I know I fall under the Ab 1482 remodel home. I need help on how to serve him the exemption to AB1482. I just don’t know what how to or do I go the city ?
You should reach out to an attorney to make sure it's done correctly in this unique situation.
Can the exemption language reside as a lease clause or does it specifically need a separate signed addendum?
It can be in the lease or an addendum to the lease.
Great explanation for 1482. I like to do small updates to my properties every 3-5 years while vacant. Question: For my duplex, if I offer my tenant a 5 year lease, and am not exempt from 1482, would I be obligated to extend the lease in 5 years when the lease expires? Also, SB 567- do the changes only apply to SB 1482 properties? If I'm exempt from SB 1482, am I also exempt from SB 567?
In some areas, you will be required to renew (like LA City) and since you are subject to AB 1482, you'll need to have one of the no fault reasons to terminate the tenancy in 5 years...a small update to the property would not be sufficient. SB 567 has NOT passed and may not pass or could be revised, so we can't be sure for now how it effects your property.
@@WIREassociates Thank you. I'm probably planning too far in advance, but I heard that SB567 has a clause to remove Costa Hawkins. I know the passage is hypothetical, but I see so many yes votes that I think it may pass. There's so many paragraphs and subparagraphs that I can't figure if the author is suggesting the elimination of Costa Hawkins as part of her bill. Is eliminating Costa Hawkins part of her bill?
@@carolynroberts2924 It looks like the plan is to eliminate any exceptions.
@@andreag8666 So basically, it's time to sell my duplex, & invest in a State that protects my investment from gov overreach? Lol.
Can a landlord amend a lease to regain the exemption or can it be regained through a new lease, after original expires.
Probably not, if they've missed these deadlines 👉 ruclips.net/video/D9S9xYCMdH8/видео.html
Hi we have a SfR that is part of Unincorporated area of Los Angeles County. We have a tenant that has been there since 2021, the contract expired 4 months ago and we are in a month to month basis. We are thinking about renewing for 6 months, do we need to provide the form or this law doesn’t apply to us? Thank you
You technically missed the deadline for the exemption because the lease was entered into after July 2020 👉 ruclips.net/video/D9S9xYCMdH8/видео.html
CAR Attorney advised me to implement the AB-1482 as an addendum to my month to month lease and wait 30 days to serve Notice. But you video states exemption is lost???
My tenant has been there 6 months and I live in the home. Contract violations were done causing property damage and there is a drug issue. Renting this room is no longer worth the damage and drama.
Hello Chris,,,,,, i own house and i let one room rented to help me in my mortgage, but the tenant giving me stress and head ache, He rented the room for 1 year now with out
a lease, so this june we have agreement let him stay month to month with in 6 mons..... its a big mistake for me , can i terminate the lease let him vacate my placxe
Hi Chris, I got your email on this as well and responded so check there...it may be best to jump on a call to discuss.
Hi thanks for the information .I just won two cases in court about rent dispute,I just got served again for 3 day pay or quit and unlawful detainer I offered to pay $2200 and they would not accept $ 3300 was the amount that the court said that I had to pay ,they said I owed$1000+ and lost them filled again for$7700 and lost ,I stopped paying after I got the faculty notices,3 months ,I did pay $400 then got served ,now I gotta file saying that I have tried to pay $2200 and I'm working on some assistance for one month to make the full $3300 I might be able to utilize the renter relocation act ?? Santa Cruz Co ?
Try discussing with an attorney here 👉 www.justia.com/lawyers/california/santa-cruz-county/legal-aid-and-pro-bono-services