Articles by Greg Brock September 15, 2023

What California Investors Should Know About the Tenant Protection Act of 2019

Introduction

As a California investor in the real estate market, it is crucial to stay informed about the ever-evolving legal landscape that governs property management and tenant-landlord relationships. One significant piece of legislation that has garnered attention in recent years is the Tenant Protection Act of 2019. This statewide law, which came into effect on January 1, 2020, and is set to expire on January 1, 2030, has introduced significant changes that directly impact property owners and investors across the state.

In this article, we will summarize the key provisions of the Tenant Protection Act of 2019 and its implications for California investors.

  • Just Cause for Termination

One of the most significant changes brought about by the Tenant Protection Act of 2019 is the requirement for landlords to have a “just cause” when terminating a tenancy. This means that landlords cannot arbitrarily evict tenants; there must be a valid reason for doing so. Just cause reasons typically include non-payment of rent, violation of the lease agreement, or engaging in illegal activities on the property. This provision aims to provide greater security and stability for tenants, making it more challenging for landlords to remove them without valid cause.

  • Rent Control Measures

The Act also introduces rent control measures to curb excessive rent increases. Under this law, landlords are limited in their ability to raise rents. Annual rent increases are capped at no more than 5% of the current rent plus the local Consumer Price Index (CPI), or a maximum of 10%, whichever is lower. This provision is a response to the skyrocketing rents in some parts of California, ensuring that tenants are not subjected to exorbitant rental hikes, thereby promoting more affordable housing.

  • Non-Waiver of Tenant Rights

It’s important to note that tenants cannot waive their rights to the protections provided by the Tenant Protection Act of 2019. Any agreement between a tenant and a landlord that attempts to waive these rights is considered void, as it is contrary to public policy. This safeguards tenants from unknowingly giving up their rights and ensures that the law applies uniformly to all tenants throughout the state.

  • Local Regulations and Statewide Law

The Tenant Protection Act of 2019 does not operate in isolation. If a rental unit is already subject to local eviction and/or rent increase regulations, those local rules continue to apply. The statewide law does not supersede or replace these tenant protections provided at the local level. This means that in some areas, tenants may enjoy additional protections on top of what the statewide law offers.

Implications for California Investors

For investors in California’s real estate market, the Tenant Protection Act of 2019 has several important implications:

  • Long-Term Stability: The “just cause” requirement means that property owners must carefully consider tenant selection and lease management. It emphasizes the importance of maintaining clear and fair lease agreements to avoid potential legal issues.
  • Rent Control Planning: Investors need to be mindful of the annual rent increase limitations. This may impact the financial feasibility of their rental properties, and they must plan accordingly to ensure profitability.
  • Legal Compliance: Investors must stay informed about both state and local regulations. Ignorance of these laws could lead to costly legal disputes, so it’s essential to seek legal advice if necessary.
  • Tenant Relationships: Building positive relationships with tenants and addressing concerns promptly can help investors navigate these legal changes more smoothly. Happy, long-term tenants and lead to a more stable and profitable investment.

Conclusion

The Tenant Protection Act of 2019 significantly impacts the way California investors manage their rental properties. Understanding its provisions, complying with local and statewide regulations, and adopting a tenant-focused approach are essential steps for investors to thrive in this changing legal landscape. By staying informed and adapting to these new requirements, investors can continue to make sound investments in California’s dynamic real estate market while providing secure and affordable housing for tenants.

 

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