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
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.
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