Which Properties are Exempt from California’s Tenant Protection Act of 2019?

In 2019 the California legislature enacted California’s Tenant Protection Act (TPA) of 2019. In addition to limiting annual rent increases for much of California multi-unit residential properties, the TPA requires “just cause” to evict tenants in place for 12 months or more. Here is a synopsis of the TPA, and a breakdown of those properties not subject to its restrictions.

Synopsis of the TPA

Prior law (CC §1946.1) specified that the landlord may terminate a periodic tenancy without any “cause”, by serving a termination noticest 60 days before the proposed termination date, or at least 30 days prior to that date if any tenant has resided in the dwelling for under one year.

The TPA changed this rule and requires landlords of covered units to establish one of the reasons for eviction enumerated by the statute - such as failure to pay rent—before evicting a tenant. This applies to any tenants that have been living in a unit longer than 12 months. The statute also provides for relocation assistance— equal to one month of rent either paid directly to the tenant or waived by the landlord—for all “no fault” just cause evictions such as owner move-ins. If the tenant fails to vacate after the notice expires, the relocation assistance paid is recoverable as damages in an eviction proceeding. The new law went into effect on January 1, 2020 and will expire in 2030, unless lawmakers extend it.

Not all properties, however, are subject to the TPA’s rent cap and “just cause” provisions. Those units not falling within the TPA’s reach (and not subject to a city-level “just cause” ordinance) do not need a reason to evict. The landlord’s mere desire to terminate a periodic tenancy suffices.

Properties Exempt from the TPA

Rules governing exempt individual properties are confusing and can vary depending on the nature of individual tenants age, family structure, phyiscal handicaps and location.

Lynx Legal Service will review exemption rules when starting a new to determine if your new case will benefit by applying these rules. We can be reached at 888-441-2355 or info@lynxlegal.com. Our experienced professionals are standing by to answer any inquiries you may have.