AB-1482, also known as the California state wide rent control bill, will be discussed by the senate appropriations committee next week. If it becomes law, it will not only limit the rent increase, but also be much harder for landlords to evict tenants.
Please contact the following committee members to voice your opposition, since it will reduce the rental inventory as landlords will take rentals off the market, and it will overload the court system as there will be more lawsuites.
Senate Appropriation Committee (their contact numbers can be googled):
Los Angeles, CA · Member since 2016 · 565 posts · 391 votes
7y
Wow! I had no idea but not surprised unfortunately.
After giving away our beautiful neighborhoods to homeless camps now lefties wanna destroy value even more.
Rent control is awful for investors not just because it makes it harder to manage but also because investors will head elsewhere and with less buyers prices will fall.
It's bad for tenants and housing too, because without investors, there will be less new construction.
Look how the rent control is (not) working in LA. Apartments are full of cheaters who once in, sublet or do all sort of tricks and will never leave.
It's going to rules committee for more discussion before full senate voting. After it reaches the full senate, it needs 21 out of 40 votes to move back to Assembly. According to my source, all republicans (11) and 10 democrats indicated they will vote "No" if it reaches the full senate, please call them (see link below) to reinforce their No vote.
Developer · San Diego, CA · Member since 2016 · 37 posts · 26 votes
7y
@Nick Hu Trying to understand the impact this will have on my business... if a tenant is on a month to month lease subsequent to a 12 month lease rolling over, as an owner will one be able to issue a 60 day notice to vacate? Or does the "just cause" eviction apply to issuing notice to any tenant and any time regardless of their lease status?
"Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy."
My understanding is once the tenant has occupied the property for 12 months, the landlord needs just cause to terminate the tenancy.
@Nick Hu Trying to understand the impact this will have on my business... if a tenant is on a month to month lease subsequent to a 12 month lease rolling over, as an owner will one be able to issue a 60 day notice to vacate? Or does the "just cause" eviction apply to issuing notice to any tenant and any time regardless of their lease status?
Nope. As I learned first-hand today. It's next to impossible to force someone out if they aren't breaching the terms of the lease.
It seems like a lot of lawyers aren't yet intimately aware of how to proceed with "no-fault just cause" however. In addition to my lawyer, I ran it by two of my friend's lawyers to get their thoughts on it.
Intent by the owner or owner-relative to occupy the unit. This includes the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents only. For leases entered into on or after July 1 2020, the owner would only be permitted to occupy the unit, if the renter agrees in writing to the lease termination or the lease includes a provision providing for lease termination based on owner or owner-relative occupancy;
Withdrawal of the rental property from the rental market;
Intent to demolish or substantially remodel the unit;
Owner is complying with a local ordinance, court order, or other government entity resulting in the need to vacate the property.'
To accomplish just cause via owner occupancy, one guy seemed to think the Last in First Out clause that applies in LA city would apply in AB 1482 - I don't see that anywhere in the statute though. LIFO means that the last tenant/unit to move into your complex would be the first one mandatory to move out (not necessarily the unit that you want).
Another attorney interpreted the substantial remodel as the Ellis Act where you'd have to demo everything to dust, rebuild it AND give old tenants first right of refusal. In addition to any No-Fault Just Cause, she said mandatory relocation assistance would be $12-15K depending on how long the tenant has lived there and if there are minors involved. That said, I don't see any of this in the AB 1482 Statue.
The last option, it seems is to give an incentive for them to move out by a certain date to qualify for a relocation payout and avoid the legal battle altogether.
I'm not looking to be the pioneer, so I'm going to wait it out and see how the courts rule on cases where Landlords are proving No-Fault Just Cause. Owner occ can be as lenient as "prove that you pay utilities and take mail there" and substantial remodel could be as simple as "a couple months of work" of capital improvements....or quite the opposite for both!