Amendments to the california Tenant protection act of 2019 coming April 2024
Amendments to The California Tenant Protection Act of 2019 - Coming April 2024
By Danielle Ward
The California Tenant Protection Act of 2019 (TPA) which took effect in 2020 and sunsets in 2030, will be subject to several amendments taking effect on April 1, 2024. The changes are aimed at closing perceived “loopholes” in the “no fault” just-cause bases for eviction. Just cause evictions are premised on some need or change in the property or the landlord itself as opposed to some impermissible act on the part of the tenant.
The TPA permits no-fault just cause evictions for the following circumstances: (i) the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents intend to occupy the property; (ii) withdrawal of the property from the rental market; (iii) compliance with a government order; and (iv) demolition or substantial remodel of the property.
Next year additional stipulations will be put in place to utilize some of these no-fault grounds:
New Timing Requirement for Owner/Family Intent to Occupy: If the eviction is premised on the owner or their family member moving into the property that person(s) must occupy the reclaimed property as their primary residence for at least 12 consecutive months, and must move in within 90 days of the tenant moving out.
If the owner or family member does not move in with the 90-day period or fails to reside in the property for twelve consecutive months, the former tenant must be offered the opportunity to move back into the property on the same terms and the owner must pay for moving expenses beyond any relocation assistance.
Notice To Tenant Regarding Substantial Remodel: If an owner intends to evict a tenant to substantially remodel the property they will have to provide notice to the tenant including a notice to the tenant about the type of work to be performed, the expected duration, and their right to re-occupy the property if the work is not commenced or completed. Additionally, copies of any permits must also be provided to the tenant.
The written notice also needs to include the specific following language:
“If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.”
The amended Act also provides a definition for substantial remodel which generally includes an environment where the tenant could not safely reside in the property and will last more than 30 days.
Another important facet of the amendment to the TPA is a mechanism for enforcement by the tenant and penalties against landlords for violations. Notices sent in violation of the TPA will be deemed void, and a tenant will have a statutory right to bring a civil action against a landlord if there is a material violation. In addition to awarding actual damages, the court will have discretion to award reasonable attorney’s fees and costs, and exemplary damages up to three times the amount of the actual damages upon a showing of a willful violation or oppression, fraud, or malice.
As the Act is still in effect for several more years we can expect to see further amendments in the future as we see it play out in the rental market.
The full text of SB 567 can be found here.
The foregoing is not intended to be exhaustive, and the information provided above does not, and is not intended to, constitute legal advice. All information, content, and materials are for general informational purposes only and do not create an attorney-client relationship. The experienced and knowledgeable attorneys at Blake Law Firm are available to answer questions and help you navigate your real property issues.