AB 1482 Exemption for Duplex owners California

[Frank Martinez]

My tenant and his girlfriend moved into a duplex I own in 2018. I moved into the back duplex unit this March. Unfortunately the tenant lost his job in March due to Covid, and his girlfriend moved out in August. I amended the lease contract to exclude her back in August. 

My tenant has been paying $1,300 a month since they moved in. Rentjungle states the average rent for our area for his type of unit is $1,673. I know AB 1482 states Exemption for duplex owners that live in the unit but only if the owner has been living there before the tenant has. Does anyone know if me amending the contract in August counts as a new tenancy?

I told him last month that in Jan 2021 I would like to make a new contract to exclude his gf and raise the rent. I havent told him the dollar amount because of the AB1482. I'd like to raise it to $1,500. Would I be able to count the new contract in Jan 2021 as a start from scratch, that would allow me to be exempt from the AB1482?

He has been late every month with rent but Ive never ever given him any grief. He states he will be going back to his job in Jan 2021. I think I have been very understanding. But I honestly need to raise the rent big time. We are in So Cal and the property taxes are going to be over $7,000.

Thank you for any advice. I am completely on my own with this property. I inherited it but I am still learning the ropes.