AB1482 Eviction Exemptions

 

This video discusses exemptions to AB1482, commonly known as the Tenant Protection Act of 2019.

As background, AB1482 was brought about by the democratic-controlled California government and was signed by Governor Newsom in October of 2019. AB1482 takes effect on January 1, 2020.

This video outlines exemptions to the AB1482 rules. If your rental property does not fall into an exemption to AB1482, then your property is not exempt from the just-cause eviction requirements under AB1482, and you must have a specific reason for the eviction known as “just-cause.” However, if your rental property falls within an exemption to AB1482, then you do not have to have a just-cause reason for the eviction. If your rental property is already subject to another rent control law, though, such as the Los Angeles Rent Stabilization Ordinance (RSO), then those rules still apply.

Some of the most common exemptions to AB1482 are discussed in this video, and include properties that are less than 15 years old, single family homes that are owned by individuals, duplexes where the owner/landlord lived in one of the units at the beginning of the tenancy and continued to live in the unit throughout the tenancy, and homes in which the owner/landlord shares kitchen or bathroom facilities with the tenant.

If the rental property is not exempt from AB1482 just-cause eviction protections, then just-cause eviction protections take effect when the tenant has resided in the property for 12 months.

We also publish a video on AB1482 and eviction just-cause.

Landlords needing help with an eviction can contact the Law Office of David Piotrowski.

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AB1482 – Overview of the Tenant Protection Act of 2019

 

AB1482, commonly known as the Tenant Protection Act of 2019, takes effect on January 1, 2020, and results in several restrictions on landlords. Unless the rental property is exempt from the restrictions in AB1482, this new law specifies that a California landlord may only evict a tenant if the landlord has just-cause.

This video provides an overview of AB1482, commonly referred to as the Tenant Protection Act of 2019

Just-cause reasons for eviction can be broken-down into “at-fault” and “no-fault” reasons for eviction. If the landlord does not have either an at-fault or a no-fault reason for eviction under AB1482, then the landlord cannot evict the tenant, unless an exception to the law applies.

Landlords needing help with an eviction can contact the Law Office of David Piotrowski.

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New California Unlawful Detainer Rules Effective September 1, 2019

 

Landlords needing to evict a tenant in California are going to have to wait a little longer thanks to a new law taking effect on September 1, 2019.

California is very biased in favor of the tenant, and new unlawful detainer rules effective September 1, 2019 are extending the amount of time given to a tenant to comply with certain types of 3 day notices as well as giving tenants additional time to respond to a summons and complaint.

3 Day Notice to Pay or Quit and 3 Day Notice to Cure or Quit

CCP 1161(2) and CCP 1161(3) lays out the rules for 3 day notices to pay or quit and 3 day notices to cure or quit. Under the rules prior to September 1, 2019, when a landlord served a 3 day notice to pay or quit or a 3 day notice to cure or quit, the tenant had 3 days to comply, including weekends and holidays, but if the third day fell on a weekend or holiday, the tenant would have until the next business day. For example, if a landlord served a 3 day notice on a Friday, the tenant would have until the end of the day on Monday to comply (unless Monday was a holiday). If a landlord served the notice on a Thursday, the tenant would also have until the end of the day on Monday (unless Monday was a holiday), because the third day fell on a weekend or holiday.

Under AB-2343, the rules are changing so that landlords can no longer count weekends or holidays. Thus, if a 3 day notice to pay or quit or a 3 day notice to cure or quit was served on a Friday, the 3 days would not expire until the end of the day on Wednesday (unless there was a holiday that would extend the time even more).

Responding to a Summons

CCP 1167, regarding summons, is also being changed effective September 1, 2019. Under the old rules, a tenant had 5 calendar days to respond to a summons after being personally served with an unlawful detainer. Beginning September 1, 2019, weekends and holidays are no longer counted. Thus, if a summons/complaint was personally served on a tenant on a Wednesday, and assuming there are no intervening holidays, the tenant would have until the end of the day on the following Wednesday, to file a response (under the old rules, the tenant would have only had until the end of the day on Monday).

These new rules effectively mean the landlord will have to wait a little bit longer when going through an eviction that is based on non-payment of rent or other rental agreement violations. Landlords will also need to wait longer before taking a default on a tenant because the tenant will have more time to respond to a summons.

Landlords needing help with an eviction can contact the Law Office of David Piotrowski.

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How to Evict a Tenant in Los Angeles in 10 Steps (Video)

 

If you want to evict a tenant in Los Angeles (or any other county in California), the 10 steps outlined in this video will give you a basic understanding of the process.

If you would like more information on evicting a tenant in Los Angeles, additional details can be read on our blog article discussing the Los Angeles tenant eviction process. If you are a landlord and ready to start the Los Angeles eviction process, contact us for a free consultation. If you are a landlord whose property is located outside of our service area, but you still want help, we offer a paid consultation to get you going in the right direction.

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Paid Eviction Consultation for Landlords

 
Tenant Eviction
Tenant Eviction

In addition to our free consultations which have been offered to landlords for years, we now offer paid consultations for landlords who either want a more in-depth review and discussion regarding their eviction case, or for landlords who are located outside of our service area but still want to discuss the eviction with an experienced eviction attorney. Schedule your paid consultation today.

Paid Eviction Consultation

Our paid eviction consultations are for landlords who would like to discuss the eviction case in more detail with a landlord attorney for up to 30 minutes of time. Rather than receiving general information about evictions and how your case may proceed, a paid consultation allows both landlord and attorney to discuss the case in more detail and we can even review the rental agreement or other documents with the landlord to discuss a very personalized outline and determine the best way to proceed with the case.

A paid eviction consultation is also a great option for landlords who are located outside of our service area, but still want the advice of an experienced eviction attorney. Since our free consultations are available only to those landlords whose property is located within our service area, out-of-area landlords have the ability to discuss the case with us with a paid consultation.

Landlords can schedule a paid consultation easily here.

The Law Office of David Piotrowski represents landlords only with California eviction cases.

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