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Updated over 5 years ago,

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2
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0
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Robin Simpson
  • Rental Property Investor
  • Oakland, CA
0
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2
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Where Can I Find a Good California AB1482 Discussion?

Robin Simpson
  • Rental Property Investor
  • Oakland, CA
Posted

I'm surprised by the lack of CA AB1482 discussion. I must be looking in the wrong forum or site. Can somebody point me to a good discussion?

I have a year 2000 built condo in SF. It is leased to a nice, young, techie couple. The lease is up in May 2020, then goes automatically to month to month. Due to family misfortune, I will need to move back into the condo when the lease expires. AB1482 defines my scenario as a tenant "no-fault just cause termination of tenancy." If you glance over the "no-fault just cause termination of tenancy" section (1946.2 (2)) it states tenants shall receive, at my choice, relocation assistance of either the last month of rent, free, or, a payment of a full months rent within 15 days of the end of tenancy. A couple paragraphs give me pause. Can anyone clarify or point me to some resources?

1) AB1482 continually talks about tenancy. A section of AB1482 defines tenancy as:

"“Tenancy” means the lawful occupation of residential real property and includes a lease or sublease."

Based on the above sentence, one could infer that the "no-fault just cause termination of tenancy" applies to breaking a lease, only, and once the lease has expired and gone month to month, no relocation assistance is required.

2) In the no-fault section, there are some exceptions. The way I read this, condos could be exempt. My thinking is each condo in a building on the same parcel have separate titles, whereas an apartment building's units are all part of the same title of the building:

Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:

(A) The owner is not any of the following:

(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.

(ii) A corporation.

(iii) A limited liability company in which at least one member is a corporation.

(B) (i) The tenants have been provided written notice that the residential property is exempt from this section using the following statement:

“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following:
(1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code;
(2) a corporation; or
(3) a limited liability company in which at least one member is a corporation.”

CA AB1482: https://leginfo.legislature.ca...

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