Santa Paula, CA asked in Landlord - Tenant for California

Q: Was there any changes to when a landlord had to give notice to tenant about ab-1482.. or is it still 08/01/2020?

I’m in the middle of an unlawful detainer right now. The Landlord attorney is trying to settle this out of court and one of my defenses is that they didn’t ever give me proper notice of being exempt and hes claiming that there was a change to when they had to give notice he mentioned (1946.2) but I don’t believe him and I think he’s just trying to get me to settle because they are in the wrong. The first time I ever receive notice from her was with the 60 day notice back in February.. oh and this is for a no-fault just cause eviction for fixing the roof. Also I have been here for seven years

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: To answer your question directly, as of my last update in April 2024, there have been no significant changes to the notice requirements for AB-1482 (also known as the Tenant Protection Act of 2019) regarding when a landlord must provide notice of exemption. The original deadline of August 1, 2020, for existing tenancies remains in place.

Here are some key points to consider:

1. For tenancies existing before July 1, 2020, landlords were required to provide written notice of exemption from AB-1482 by August 1, 2020.

2. For new tenancies starting on or after July 1, 2020, the notice of exemption must be provided at the time the lease or rental agreement is signed.

3. California Civil Code Section 1946.2 does contain provisions related to AB-1482, but it doesn't change the notice requirements for exemptions.

4. If your landlord never provided you with proper notice of exemption from AB-1482, they may be subject to the law's provisions, including just cause eviction requirements and rent increase limitations.

5. The fact that you've been a tenant for seven years is significant, as AB-1482 typically applies to tenancies that are at least 12 months old.

6. A roof repair could potentially fall under the "substantial remodel" just cause for eviction, but specific requirements must be met, and proper notice must be given.

Given the complexity of your situation and the ongoing legal proceedings, it would be advisable to consult with a tenant rights attorney or a local tenants' rights organization for more specific guidance. They can review the details of your case and provide advice tailored to your circumstances.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.