WEST SACRAMENTO, CA (MPG) – With the housing shortage and the astronomical rent prices of current times, tenants find themselves afraid. They are afraid of getting evicted. By being afraid of eviction, tenants find themselves on edge that their landlord will find any reason to get rid of them so that he/she can raise the rent. In light of this, California Legislature passed the Tenant Protection Act 2023.

Though tenant-landlord laws are constantly changing, the Ca. Tenant Protection Act 2023 (AB 1482) introduced some basic framework changes that they believe will provide a better understanding of the rights and obligations for both the tenant and the landlord. AB 1482 has had a significant impact on the rental market, as now landlords must carefully consider their policies on their rental prices, including raising the rent, and on their eviction policies.

AB1482 includes an annual cap on rent increases. Under AB 1482 landlords cannot increase the rent by more than 5%, plus the local rate of inflation, or 10%, whichever is lower. This applies only to properties that are at least 15 years old and not subject to certain other rent control ordinances. However, landlords have already figured out how to deal with that, as the landlord to a local complex increased the rent in December 2023, and then again in January 2024. Sacramento has the Sacramento Tenant Protection and Relief Act that covers rental housing in the city built after 1995. This law prevents excessive year-to-year rent hikes and also requires landlords to justify raising rental prices.

Just Cause Evictions are another change made by AB 1482. Landlords are now required to have a valid reason, or “just cause”, for evicting the tenant. Acceptable just cause reasons include nonpayment of rent, refusal to allow lawful entry, refusal to sign a new, similar lease agreement, violation of lease terms, and engaging in illegal activity on the property. It doesn’t specify what illegal activity. There are certain exemptions to this for owner occupied duplexes, single family homes and certain other properties.

The law establishes specific eviction notice requirements. Tenants that have resided in the property for less than one year must be given a 30-day notice. For tenancies that last longer than a year, a 60-day notice is required. This is believed to ensure tenants have sufficient time to find alternative arrangements.

Breaking the lease by a tenant (moving out early) can legally occur with no penalty under the following circumstances: Early termination clause, Active military duty, Uninhabitable unit, Landlord harassment. In addition, landlords cannot keep the full security deposit because a tenant broke their lease. Landlords can make deductions for damages (including cleaning fees) or unpaid rent, but the rest must be returned. The landlord must provide an itemized list of what any part of the deposit was kept for.

Responsibilities for tenants include keeping the place clean and sanitary and notifying the Landlord if something needs repair. Landlords are allowed to do annual or bi-annual inspections, but only if they are doing it to all units. Tenant is required to pay rent in a timely manner. There is no mandatory grace period. Rent is late, the day after it is due. There is no limit on the late fee except it must be reasonable. Landlords must accept at least one form of payment besides cash or electronic funds transfer. Rent receipts must be given upon request.

A couple more things to know are that landlords are not required to do a “walk through” to note existing damages, prior to renting. It is the tenant’s responsibility to request this in order to protect themselves upon their leaving. When a repair needs to be made, a tenant must provide that request in writing to the landlord, who then has 21 days to complete that repair. Lastly, Landlords are not allowed to threaten to evict you. The beautiful thing about Rights, is that everybody has them.

Landlords are responsible to provide adequate weather proofing, hot and cold running water, heat, a good electrical system throughout the property and sanitary conditions, including no infestations.

There are many more laws that are much more specific to all issues. If you ever have problems with your tenant or landlord you can seek help through a real estate lawyer or go online to https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2022/09/Know-Your-Housing-Rights_Fact-Sheet_ENG.pdf.