Q: is my duplex in Santa clara California exempt from AB 1482?
duplex built 1952, tenants lived over 2 years there, bought last month, need to vacate to move family in and complete major repairs
A:
In assessing whether your duplex in Santa Clara, California is exempt from AB 1482, several factors come into play. AB 1482, also known as the Tenant Protection Act of 2019, imposes rent control and eviction protections statewide. However, it provides exemptions for certain types of housing.
Since your duplex was built in 1952, it falls outside the exemption for properties built within the last 15 years. This means its age does not automatically exempt it from AB 1482. However, there is an exemption for owner-occupied duplexes where the owner occupies one of the units at the beginning of the tenancy and continues to occupy it throughout the tenancy. If you plan to move into one of the units, this could potentially apply to your situation.
Additionally, for major repairs that require vacating the property, AB 1482 allows for “just cause” evictions, but certain requirements must be met, including providing assistance to the tenants. It's crucial to ensure that your actions comply with the specific requirements of the law, including notice periods and potential relocation assistance.
Given the complexity of these regulations and the recent changes in property ownership, it would be prudent to consult with a legal professional experienced in California's landlord-tenant laws. They can provide tailored advice based on the specifics of your situation and ensure that you navigate these legal obligations correctly.
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