California Rent Control Lawyers: Navigating Rent Control and Just Cause for Eviction Laws
California landlord-tenant laws are designed to protect renters, and recent legislation has introduced significant restrictions on both rent increases and the grounds for terminating tenancies in many cases. Staying informed about these evolving laws is crucial, as non-compliance can result in serious financial and legal consequences.
At Wallace, Richardson, Sontag & Le, LLP, we have spent the last 40 years assisting landlords and property managers with these matters. With extensive experience in handling evictions and navigating the complexities of California’s rent control laws, we are prepared to help you understand and comply with these regulations. Contact us today to speak to an experienced California rent control lawyer and learn how we can use our experience to protect your interests.
Rent and Eviction Controls
In recent years, an increasing number of California cities have enacted local ordinances that limit rent increases, restrict eviction grounds, and regulate other aspects of the landlord-tenant relationship. These ordinances often include additional requirements for disclosures, notices, and reporting, along with specific procedures for rent increases and evictions. Our team helps clients navigate and comply with these complex local regulations.
Difference Between Rent Control and Eviction Control
Rent control refers to laws that regulate the amount and frequency of rent increases. These regulations have been in place at the local level in some jurisdictions since the 1970s, with cities such as San Francisco and Los Angeles being early adopters of rent control ordinances. In addition to regulating rent increases, most rent control laws also govern eviction grounds. However, some cities have passed ordinances that address eviction. grounds without implementing rent control.
California Tenant Protection Act: Rent Caps and Just Cause for Eviction
In 2020, California implemented the statewide California Tenant Protection Act (also known as AB 1482), which introduced significant rent control measures and additional protections for residential tenants. The law serves two primary purposes: limiting rent increases and providing added safeguards against eviction.
For tenancies covered by the Tenant Protection Act, the owner cannot increase the gross rental rate by more than 5 percent plus the percentage change in the local cost of living, or 10 percent, whichever is lower, within any 12-month period. (See, Civil Code § 1947.12) Additionally, after the first 12 months of a tenancy, the owner cannot terminate the tenancy, unless there is just cause as defined by the Tenant Protection Ordinance. (See, Civil Code § 1946.2)
It is important to note that these laws do not apply to all tenancies and there are several exemptions, including properties with a certificate of occupancy issued within the last 15 years and separately alienable units, provided the lease includes required language and the owner qualifies. Additionally, if a tenancy is subject to a local ordinance offering greater protections, the local ordinance generally takes precedence.
Navigating the California Tenant Protection Act can be complex, and compliance is critical to avoid costly legal consequences.
Cities with Rent and/or Eviction Control Ordinances
Cities or counties with rent and/or eviction control ordinances include:
- Alameda County
- Alameda
- Antioch
- Baldwin Park
- Bell Gardens
- Berkeley
- Beverly Hills
- Cudahy
- City of Los Angeles
- Commerce
- Concord
- Costa Mesa
- Culver City
- East Palo Alto
- Fairfax
- Half Moon Bay
- Hayward
- Inglewood
- Larkspur
- Long Beach
- Los Angeles County (unincorporated areas only)
- Los Gatos
- Maywood
- Mountain View
- Ojai
- Oakland
- Oxnard
- Palm Springs
- Pasadena
- Pomona
- Richmond
- Salinas
- Sacramento
- San Anselmo
- San Diego
- San Francisco
- San Jose
- San Rafael
- Santa Ana
- Santa Barbara
- Santa Monica
- Thousand Oaks
- West Hollywood
The City of Los Angeles includes many communities that many people mistake for separate cities, but which are actually a part of the City of Los Angeles and are governed by the City of Los Angeles Rent Stabilization Ordinance (RSO) and/or Just Cause Eviction Ordinance (JCO).
These communities include, but are not limited to, the following:
- Chatsworth
- Hollywood
- Northridge
- Pacific Palisades
- Pacoima
- Palms
- Panorama City
- Playa del Rey
- Playa Vista
- Porter Ranch
- Reseda
- San Pedro
- Sherman Oaks
- Silver Lake
- Sylmar
- Tarzana
- Toluca Lake
- Tujunga
- Van Nuys
- Venice
- Watts
- West Hills
- West Los Angeles
- Westlake
- Westwood
- Wilmington
- Woodland Hills
Similarly, some properties with a Los Angeles address may not be located within the City of Los Angeles, but rather in an unincorporated area of Los Angeles County. The City’s ordinances do not apply to these unincorporated areas, which are governed by their own rent and eviction control ordinances established by Los Angeles County.
Exemptions
Under California law (Costa-Hawkins), newly-constructed housing—whether multifamily or single-family—that received a certificate of occupancy after February 1, 1995, is permanently exempt from rental rate controls (Civil Code § 1954.52(a)(1) & (2)). Additionally, tenancies in single-family homes, condominiums, townhouses, stock cooperatives, or any units that can be sold or transferred separately are generally exempt from rent control (Civil Code § 1954.52(a)(3)). Many cities with rent and/or eviction control ordinances also include specific exemptions. Therefore, it is important to review both state and local laws to determine whether a rental unit is subject to rent or eviction control.
Good Cause for Eviction
For properties subject to an eviction control ordinance, a landlord can only terminate a tenancy for good cause, as defined by the ordinance. Common examples of good cause include:
- Non-payment of rent
- Violation of the rental agreement or lease terms
- Unreasonable interference with the comfort, safety, or enjoyment of other tenants, or causing damage to the rental unit or property
- Using the rental unit or common areas for illegal purposes
- Refusal to renew a lease or rental agreement with similar terms
- Refusal to grant the landlord reasonable access to the unit for repairs or inspections
- The presence of an unapproved subtenant after the lease term ends
- The landlord’s good faith intention to use the unit for themselves, a relative, or a resident manager
- The landlord’s intention to permanently remove the unit from the housing market
- The landlord’s intention to make substantial renovations or alterations to the unit
- The landlord’s need to comply with a government agency’s order
These grounds are typically outlined by local eviction control ordinances, which may vary by jurisdiction. Landlords must adhere to these requirements to lawfully terminate a tenancy.
Special Eviction Requirements
Rent control and just cause for eviction laws often require landlords to follow specific eviction procedures. These may include serving a warning notice (e.g., notice to cease) before terminating the tenancy, providing required information in the eviction notice or unlawful detainer complaint, filing a copy of the eviction notice with the local rent board, providing a renter protections notice to the tenant and/or posting a copy in a common area, and/or serving the tenant with a copy of the landlord’s registration statement with the local rent board.
Relocation Assistance
In certain circumstances, a landlord may be required to pay relocation assistance to terminate a tenancy. If a tenancy is subject to the California Tenant Protection Act (AB 1482) and a tenant has lived in the property for at least 12 months, the landlord is generally required to provide relocation assistance for “no-fault” evictions—those where the termination is for reasons unrelated to the tenant’s actions or behavior.
Common examples of no-fault just cause under AB 1482 include:
- The landlord terminates the tenancy to move into the unit themselves
- The landlord is required by law to terminate the tenancy
- The landlord terminates the tenancy to demolish or renovate the unit
- The landlord terminates the tenancy to permanently remove the unit from the rental market
In these scenarios, the landlord must provide relocation assistance equivalent to one month’s rent, either as a payment or rent waiver, as required under AB 1482. If the tenant refuses to vacate after receiving relocation assistance, the landlord may pursue legal action to recover the funds. Additionally, local ordinances may impose further requirements or specify higher compensation amounts.
A rent control lawyer from our firm can offer expert guidance on ensuring compliance with these laws.
Learn How A California Rent Control Lawyer From Wallace, Richardson, Sontag & Le, LLP Can Help
California’s rent control laws are complex, but our team is well-versed in navigating them to ensure compliance while helping your business thrive. We will help you understand the requirements for rent control and just cause for eviction, and provide strong advocacy in any disputes. Contact us today for a confidential consultation to learn how we can assist you.