Does AB1482 apply to ADU if less than 15 years old?

Question

Selling my tenant occupied home (with tenant occupied ADU) and buyer wants ADU empty as they intend to occupy it. Gave tenant 60 day notice. Tenant says that we have to give them one month free rent. Are they correct?

Dan H. · Answer

My own opinion is by rationale of why the 15 year rule exists (to not discourage new building) it should not apply to either building. Unfortunately, jurisdictions seem to be applying it by the age of the unit and not by when the unit becomes a MF. I suspect this was not the intent of the law.

So MF unit over 15 years old is rent controlled (with a couple exceptions mostly for owner occupied 2 units) and MF unit that is under 15 years old is not rent controlled (again with some exceptions but they are unlikely to be applicable).

So the back unit that is newer than 15 years old is exempt from rent control and Costa Hawkins prevents local jurisdictions from having a law that dictates otherwise.

So you only need to give 60 days notice (assuming they have been there over a year and lease is month to month.

Good luck.

Justin Dortignac · Answer

Thanks @Dan Heuschele

I appreciate the response. You said "units" that are less than 15 years old. So that means that even though the front house is more than 15 years old the rent control requirements still won't apply to the back house that is less than 15 years old, right?

Dan H. · Answer

They are not correct. Ab1482 does not apply to units less than 15 years old and due to costa Hawkins no local ordinance can rent control units less than 15 years old.

Tenants hear certain things but are unaware of the exemptions. I suspect they believe that they are due one month rent. Refer them to ab1482.

Good luck

Does AB1482 apply to ADU if less than 15 years old?

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