DEADLINES for AB 1482 - Tenant Protection Act - Guide for California Landlords and Tenants
ฝัง
- เผยแพร่เมื่อ 5 ส.ค. 2024
- Hey Landlords, did you miss the deadline to give your tenant the AB 1482 disclosure? Here’s a more clear answer for California landlords and California tenants as to what the deadlines are for AB 1482. Plus we answer the big question: Can a landlord lose their exemption from AB 1481 if they missed the deadline?
Be sure to also check out Part 1 of this video, where we go into depth on AB 1482, including which properties are exempt, how much rent can be increased and when a landlord owes relocation assistance. 📺 AB 1482 - Tenant Protection Act - Updated Guide for California Landlords and Tenants 👉 • AB 1482 - Tenant Prote...
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📌 Text of AB 1482 👉 leginfo.legislature.ca.gov/fa...
Sections
00:00 WIRE Associates intro from Christian Walsh
01:43 AB 1482 Civil Code for Disclosure
02:46 AB 1482 Deadline Infographic
04:20 AB 1482 Deadline Infographic - Exempt Properties
07:18 AB 1482 Deadline Infographic - 15 years or newer
08:22 AB 1482 Deadline Infographic - Not Exempt
10:08 AB 1482 Deadline Infographic - Where to get it
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As a tenant. Your videos help me a lot. Thank you so much for your time
Happy to hear that!
Thanks for the info. I got my notices out last year as a "stand alone notice" when you did the video on AB1482 the first time. A million thanks, I had no clue at that time.
Much appreciated, Robert!
😊😊😊happy for u
Love you're videos. Keep up the great work 👍
Much appreciated!
Wow, I recently had a landlord/tenant attorney tell me I missed the deadline to exempt my single family rental. My tenants lease started over ten years ago. Your graph shows I can give the notice now and be exempted
Yep! And I just did a livestream with eviction attorneys explaining what to do if you missed the deadline (amongst other topics) 👉 th-cam.com/users/livebAjMvMltkvI
So glad I found this. I started a lease 9/2017 and have never been presented with an addendum for 1482. My lease is renewing 10/23 and I anticipate the landlord adding the required statement.. I presume the increase must adhere to AB 1482. Any thoughts on the term of the lease ? Its currently two years and I'm being told he has to renew for the same term because if he went month to month then he could terminate after a few months and that would dilute the whole purpose of the law. I appreciate your help and advice.
The lease can technically be renewed for any length. If there hasn't been a renewal given since that original lease, then the landlord should be able to give the disclosure.
Does the tenant need to sign the notice? Also, what are accepted methods of delivery; ie, email, mail? Thank you for this informative video.
No, tenant does not need to sign. Hand deliver or mail would be best.
Thank you for the info. Can you please give us a video on the tenants who applied LA rental assistant program in September 2021. Still HAVENT gotten moved forward or finalized? It’s under final review for half a year… I heard alooot of applications are like this. This is soo scary 😧
Yes, I'll be doing an update after we know what's going to happen with AB 2179 next week. The short answer for LA City and LA County is that you're protected for a while from eviction from nonpayment of rent due to COVID.
@@WIREassociates Thos protection does not effect tenants having to leave due to landlord choosing not to renew lease correct?
Q. My landlord of 5 yrs. turned property over to property management 8/2020. They did not give AB1482 with new lease...Fast forward.Just got a 90 day no fault remodel notice w. nothing attached (no permits, plans,etc.). Then emailed "exemption" letter 7 days later. (Even worst, it was done in retaliation to repair man & I catching property management agent stealing from owner. But anyway)
If I am reading this right, owner can not claim exempt status as property management never gave us AB1482 or notice that they were "exempt" ?
(*Always paid rent. Had good relationship with owner, but P.M. agent does not like us)
Discuss with an attorney ASAP (lawhelp,.org has free or low cost legal assistance). The attorney will be able to clarify, but, yes, it sounds like they lost their exemption. And that notice may be invalid depending on what it said (since it wasn't exempt, they should have offered you relocation assistance with the notice).
SFR rent started 2018 so exempt from AB1482. Does the AB1482 disclosure be delivered at the same time as the rent increase notice? And does the renter needs to sign the agreement? Also, is the rules per county or City? house is in National city under San Diego County. I tried looking for AB 1482 language on both city government site and can't find the document.
You should discuss with an attorney...there's a school of thought that the exemption disclosure should be given and then wait 30 days for the change in terms of tenancy. to take effect, then give the increase. It definitely should be delivered before the rent increase (even a day before could be sufficient if your attorney agrees). enter does not need to sign. This is a statewide rule.
Question: If I terminate a lease with a tenant at "no fault just cause" do I need to include the AB1482 language along with it the 60 Day notice letter?
I would send the AB 1482 disclosure notice before giving the 60 day notice to the tenant terminating the tenancy.
@@WIREassociates
Just found your channel & subscribed.
I already issued a no fault 60 day notice to quit. Non RSO 4 unit property in LA County.
I didn't issue a notice letting tenants know the property is subject to AB1482, because I didn't know it was required. I have been following all other laws per AB1482.
I did offer relocation costs and waived rent per AB1482. But since I didn't issue the notice, does that make the first 60 day notice to vacate invalid? If so
Should I rescind or cancel that notice. Then issue an AB1482 notice then another no fault 60 day notice to quit.
Sorry for the confusion.
Question: as the tenant that has been living here from Aug 1 2019 and had a lease renewal on Aug 1 2021 that does not have anything about AB 1482 and i am also on Hud/Vash section 8 and my landlord is trying to raise my rent by 700 per month and I told her i do not think this place is exempt so she cant raise my rent from 1800 to 2500 . Then she starts harassing me and bulling me by saying that she is going to get me out so she can move in . is this something she can do even though she is under contract with the housing authority ?/
Where is the property located? In many areas of California, she could potentially terminate the tenancy and move in. She should have given you the AB 1482 exemption paperwork before increasing the rent that much. You could try asking the housing authority for a referral to an attorney to discuss.
i own a 4 unit apartment building in the county of LA in which I live in one of the units which is only 1 bedroom. Is this a loophole in which I can raise rents?
Is it an RSO property? If so, you can't raise rent.
I've been giving out the AB 1482 exempt notices to people renting individual rooms in my own home in OC. But, I wonder if the law even apply to my type of landlord.
sounds like you did not listen close enough. yes, very confusing. my take is, based on this video, you must provide that notice so you don't lose your exemption to anyone who starts/renews lease after 7/1/20 (or is it 8/1/20 :)). I would think that would include most/all of your tenants unless they are month to month before 7/1/20. Even if you are sole owner of single family home, you still have to give that exemption notice as part or addendum to lease. Don't assume your tenant will know. If you ever need to evict, you will need it so your notice to vacate does not need to state reason for not renewing lease. my humble interpretation.
Tenant moved in after Aug 2020 and I missed including the ab1482 exemption with the rental agreement lease. Same tenant wants to sign a 1 year lease. Can I still serve the exemption with the new lease?
You can try including it. Long story short, if you end up in court, it will end up for the judge to determine if you truly lost the exemption or not.
So i own a duplex in los angeles. I live in one of the units. Will ab 1482 permit me to evict tenants in my area?
No. LA City and LA County have a moratorium on no fault evictions.
LA City 👉th-cam.com/video/EYTS5KXnOSs/w-d-xo.html
LA County 👉 th-cam.com/video/YYv7BsqczWI/w-d-xo.html
As a landlord of a SFR in Victorville with tenants since May 2016, lease renewal May 2017, since then have been on a month to month tenancy. I haven’t provided them with the exemption YET! I thought I missed “the dead line” Based on this video, I am still able to provide them with the Disclosure Exemption, Right?! In the meantime, by default I (the landlord) falls under AB1482 until proper notice has been given? I want to make sure I do provide them with the correct notices.
Yes, but discuss with an attorney...
I moved in a Single Family Residence in Dec 2019 with 1 year lease, that became a month-to-month after... The SFR was built in 2003. The AB 1482 language is not in the lease, and the landlord never notified me of the exemption. Should I expect that the landlord's lost the exemption option in this situation?
If the landlord hasn't given you an extension or new lease, theoretically the landlord could still give you the exemption form now...
How is this possible if your lease on a month to month automatically renews...?@@WIREassociates
Super helpful video, thank you for posting it. We are facing a similar situation: signed an original 1 year lease that commenced August 1, 2020 with no AB 1482 exemption notice provided at that time; then signed a 1 year extension effective August 1, 2021 again with no AB 1482 exemption notice provided at that time; now we are being forced to roll over to a month-to-month tenancy from August 1, 2022 and the Landlord has now provided an AB 1482 exemption notice and seeking to increase rent by 25% effective November 1, 2022. Can the Landlord legally do this?
Discuss with an attorney ASAP, based on my interpretation they've lost their exemption, but I am not an attorney.
Hi @Sagar Thakur - Did you figure out if this was legal?
Was it legal?
that's outrageous!!!! I got 30% rent increase the last place I lived in N. CA which is why I moved to S. CA. he lost his exemption. I know I am commenting 1+ years later. what happened?
Hi. We bought a property with 3 units about 6 years ago. The tenants had been there from before our purchase. We have never signed a new lease with them and they have been paying their rent. Now we are in the position of having to do a No Fault Eviction due to demolition and building new units. The property was just reviewed and was deemed to be NON RSO but yes to Bill 1482. Can you please let me know how I need to deal with them regarding relocation assistance?
What city? The relocation assistance is higher in certain areas...otherwise it's one month's rent.
what about people after a year lease on month to month?
Yes, the timelines include people who are month-to-month after a lease.
Would you make a video about lodger agreement and rules?
Yes, we'll add it to the list...the challenge is that is applies in far fewer situations than people think. Not all people renting rooms are lodgers.
Police do not acknowledge it in Calif but CaliforniaAssociation of Realtors and Fair Housing do. Some have never heard of it. I wish they would instill it for all sf residents all room rentals to increase homeowners interest since there is such a housing crisis and room rentals are needed
@@lshepherd6137 even if police do not acknowledge, you can still lock tenant out after 30 day notice, right? That's your property. Police cannot force you to take tenant move in. People do not want to rent out their rooms because CA make tenant team up with contingency fee attorney easier to sue whatever they want. Landlord got $900 for first month and got sued for ten of thousands of $. They don't want to rent room anymore.
What if the landlord is exempt from AB 1482, and you were a tenant prior to July 1, 2020 and switched to a month-to-month tenancy in 2021? How does this effect month-to-month tenancies if the landlord has not provided the Exemption Language Form to the tenant?
In this case, as long as the landlord didn't ask you to sign a new lease or rental agreement after 7/1/20, the landlord can still give you the exemption form. The property is not exempt until the landlord does this.
@@WIREassociates We were tenants prior to July 1st 2020. We signed a lease renewal in January of 2021 that did not include the exemption form. We did not have a lease renewal for January 2022 and therefore transitioned to month to month. Our landlord is trying to send us the exemption form now. Is that allowed?
@@rparadox93 Discuss with an attorney (you can try lawhelp.org), but it looks like the landlord may not be able to give you the form now...
Does a landlord owe a relocation fee If someone has lived there for eight years and they are asking them to move out for a family member to move in and remodel?
It depends whether the property is exempt from AB 1482 (and the landlord has given the exemption language). We cover this here 👉 th-cam.com/video/3rf780Cg2xI/w-d-xo.html
I was looking into this as my landlord wants to increase my rent 25% and has never provided any exemption notice, but the more I look into it.. it's toothless. The tenant would have to take the landlord to state court, as the housing commission doesn't have any actual authority, and who can afford a lawyer these days? What's to stop the landlord from evicting you afterwards?
You can find free or low cost legal assistance through lawhelp.org. Essentially the rent increase is invalid without the AB 1482 disclosure, which you could fight. If they try to evict you without the AB 1482 exemption disclosure, it will have to be for just cause and they will owe you relocation assistance if it's no fault.
I am going through the same thing. My landlord wants to increase my rent by $550 but has never provided exempt notice. If you have any info that might help, please share. I am reading and watching tons of info on an ab1482 and don’t have clear answers
Sir, do we need to add the notice under the law on the rental agreement every year if we renew the rental agreement every year...or just one time? thanks.
One time would be sufficient as long as you have proof it was given.
@@WIREassociates thank you...
If a landlord has an llc management and owns 5 rental properties under it, are they exempt?
Depends on the structure of the LLC...if there are any corporate owners in the LLC, then the exemption is lost. If the LLC members are individuals, then theoretically the exemption isn't lost. An attorney will help sort through it.
@@WIREassociates Thank you.
Hi, If the tenancy on month to month basis much before July 2020, do we still have to give notice for AB1482? We have not given an Exemption addendum or TPA notice to the tenant. Do we fall under AB1482 or not. Thank you so much. Your videos are so helpful.
It is a SFR owned by a natural person. Should I give the tenanat the Exemption notice about my SFR? Tenant says she will not sign it. Is that legal?
Tenant does NOT need to sign it. Give a 30 day notice of change in terms of tenancy with the exemption language...
@@WIREassociates To send the 30 day notice of change in terms of tenancy with the exemption language, do I need a real estate attorney. Can you please refer someone for me, I am in Los Angeles area. Tenant is not an easy to deal with person, hence doing it legally proper. Thank You again for your videos.
@@WIREassociates Is the rent increase notice considered as change in tenancy? We have increased the rent few times after July 2020. Are we still eligible for the exemption under AB1482?
So single family rental homes in California are not subject to this?
If the exemption form is given and it meets the other criteria (like NOT being owned by a corporation).
Hell to be landlords due to laws and more laws; getting renters payment to pay on lawsuits maintenance and a new thing now is squatter
I am not a llc or corp single fam residence I did not know if this new law my tent has been renting for years can I still increase rent more then 10%
Discuss you scenario with a local attorney. You may be able to, but you'll need to give the exemption form.
@@WIREassociates how do I get that form ?
@@WIREassociates can you provide it for me ?? I will pay you for it
@@EdithBlas Here you go, register for the sample 👉 www.wireassociates.com/ab1482/
@@WIREassociates thank you for that and how soon after they sign will you be able to raise rent
Landlord give me a 30 notice on July 2 2022 and is dated on June 15 2022 for rent increase from 1700 to 2500 is this legal lived in Rosemead,CA live in duplex since 2017 There a new owner since August 2020 they don't live on the other unit never did and agree to the same rental agreement with previous owner as far as rent at 1700 and they never give me a new rental agreement
No, not legal...discuss with an attorney from lawhelp.org ASAP. If you did receive the exemption language, the notice they gave you is too short.
@@WIREassociates Also forgot to mention she receives mail here don't know her business but it's called Trading and Investment Corp with her initials
Why do you say that landlord "may have lost the exemption". May? The law is or isn't....which one is it?! Then you say probably.....which one is it. These issues are so pressing
You will really need to discuss your exact scenario with an attorney. The law is or isn't, but it depends on many factors: where is the property, what is the property, when was the original lease signed, have they given an extension or not?
Single Family home in San Francisco. 16 year Tenancy. Verbal month to month. Proof of residency is the checks being cashed. @@WIREassociates
Making it where landlords either need to be an attorney or keep one in retainer. I hope to goodness that landlords can come together with whatever entities govern this snd HUD to make this more understandable but much more fair go the landlords who are not lining their pockets but trying to feed their own families and survive
What's interesting about the laws are that they apply to equally to all. We live in a world were everyone is equal. Why are the landlords singled out as legal advisers to tenants? Smells fishy and I think it stinks. Apparently some people are more equal then others. Don't panic, your not going to get in trouble with the judge if you don't raise the rent. All of the disclosures have that in common. There just nanny laws for idiots. GOOD video from Sacramento
"We live in a world where everyone is equal. Why are the landlords singled out as legal advisers to tenants? " Both wrong
America is advertised as the great egalitarian society . BS right. The state does want the landlords to advise tenants as to their legal rights without pay, only punishment.
100% singled out!