California Rent Control + Frequently Asked Questions

California Rent Control + Frequently Asked Questions

Real Estate Consultant · San Diego, CA · Member since 2016 · 75 posts · 42 votes

Below are the highlights of the California Statewide Rent Caps (AB 1482).

-Annual rent increases limited to CPI + 5% or 10% (whichever is lower)...effective 1/1/2020.

-Does not supersede existing rent control laws/tenant protections in cities with more restrictive laws under Costa-Hawkins.

-Rents can be reset to market rate once a tenant vacates.

-Include just cause eviction protections for tenants after 1 year of tenancy.

-Landlords who want to make substantial renovations or convert buildings would have to pay relocation assistance equal to one month rent.

-Exclusions: Properties built within the last 15 years & SFR's (except those owned by corporations or institutional investors).

Relocation Assistance:

Q59. When is relocation assistance required?
A59.
Whenever a tenancy is terminated based on a no-fault reason.

Q60. My tenant makes over $200,000 a year. Am I still required to pay relocation assistance?
A60.
Yes. There is nothing in this law that varies the amount of relocation assistance based on any characteristic personal to the tenant.

Q61. How much is the relocation assistance?
A61.
One month of rent as of the time the termination notice was issued.

Q62. What are the owner’s options for how this amount is to be paid?
A62.
The owner has two options:

1. The relocation assistance amount may be provided as a direct payment to the tenant with 15 calendar days of serving the termination notice. In this case, the notice of termination must notify the tenant of the tenant’s right to relocation assistance. Or,

2. The owner may notify the tenant in writing that the payment of rent for the final month of the tenancy is waived, prior to it becoming due. In this case, the notice of termination must state the amount of rent waived and that no rent is due for the final month.

Q63. What happens if I do not pay the relocation assistance?
A63.
The notice of termination will be rendered “void.” In fact, the law states that any failure of the owner to “strictly comply” with the relocation assistance rules will render the termination notice void.

Q64. What happens if the tenant fails to vacate after expiration of the notice?

A64. Then the actual amount of the relocation assistance or rent waiver can be recouped as damages as part of an unlawful detainer action.

Contact me for the full list of details and FAQ and about the new rent control law that just passed!

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    Chris MasonPro Member
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    Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
    6y

    Cool summary. 

    Questions I'll throw out there:

    "-Annual rent increases limited to CPI + 5% or 10% (whichever is lower)...effective 1/1/2020."

    We've had periods where inflation far exceeded 10%. Early 80s, other times too. If something like that happens again, it will devastate the rental market. Unless I am missing something.

    "-Include just cause eviction protections for tenants after 1 year of tenancy."

    Soooo.... 6 month leases? 9 month? Decide if you want a "permanent" tenant at that point.  

    See this reply in the discussion

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    • Chris MasonPro Member
      Moderator
      Lender · CA · Member since 2015 · 9k+ posts · 10k+ votes
      6y

      Cool summary. 

      Questions I'll throw out there:

      "-Annual rent increases limited to CPI + 5% or 10% (whichever is lower)...effective 1/1/2020."

      We've had periods where inflation far exceeded 10%. Early 80s, other times too. If something like that happens again, it will devastate the rental market. Unless I am missing something.

      "-Include just cause eviction protections for tenants after 1 year of tenancy."

      Soooo.... 6 month leases? 9 month? Decide if you want a "permanent" tenant at that point.  

    • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
      6y

      We have similar laws up here in Oregon that passed earlier..

      so far i dont see/feel the effects altho I will begin using 9month leases - just in case. Where I see problems for buyers and seller is that older  properties  no longer can be bought, tenants booted, reno done and rents jacked up. This will absolutely affect values. 

      I dont see this affecting value on newer properties. 

      What this law has taught me is to raise rent each year and never let rents get too far below market.  Especially in older stock. 

      As for the increases - i think 9-10% is a huge give to landlords so we should be thankful :)

      More is coming is my guess - bans on application fees for sure is what i think is the next one to go. 

    • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
      6y
      Originally posted by @Christina Labowicz:

      -Exclusions: Properties built within the last 15 years & SFR's (except those owned by corporations or institutional investors).

        I believe there’s a few more exclusions than that. For example, duplexes in which the owner occupies one of the units as their principal place of residence and condos.

      • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
        6y

        @Chris Mason i believe the law means that even if CPI+5% is say12% the most a landlord could raise rent in a year is 10% - this does not mean they must raise it that high - just that they cant go higher

      • Member since 2017 · 4 posts · 2 votes
        6y

        I am trying to find out if CPI to use is National, California, or Local. Anyone know? Also are we supposed to use calendar year or fiscal year? The month we do the increase? There is a significant difference between National and California CPI.

      • Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
        6y

        They will announce what the percentage is each year. You can probably find when if you read the law 

      • Investor · Canoga Park, CA · Member since 2016 · 114 posts · 50 votes
        6y

        If the lease has ended for a SFR and the landlord wants to have the tenant move out, is relocation assistance still required in CA?

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