Unlawful Detainers

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An Unlawful Detainer tells you that the landlord is suing to have you evicted. It names the landlord as the Plaintiff and you as the Defendant.​

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The Tenant Protection Act of 2019 (AB 1482) is a new law that requires a landlord to have a valid reason to evict renters so long as the renter has lived in the rental housing for at least 12 months. This is called “just cause” protections for eviction.

 

What are the reasons a landlord can evict a renter?

For any renter who is protected by the law, the landlord can only evict for one of the “at fault” or “no fault” reasons listed in the law. “At fault” means your landlord says you have done something wrong. Some of the “at-fault” reasons listed in the law are:

• Not paying your rent.

• Breaking a material rule in your lease or rental agreement.

• Criminal activity at the rental housing.

• Subletting if your lease does not allow this.

• Refusing to sign a new lease, if the new lease offers similar terms to your old lease.

• Denying your landlord entry into your home, if the landlord has a legal right to enter. 

“No-fault” means you have not done anything wrong. But, your landlord can still require you to move out for one of the “no-fault” reasons listed in the law. 

 

What notice does the landlord have to provide me?

A landlord who evicts you for either an “at fault” or “no fault” reason, must first give you a written notice that states the reason.

 

Does the law apply to me?

The law applies throughout California. It protects many renters in California, but not all. The just cause protections apply to renters who live in certain types of housing once they have lived in the housing for 12 months. If any adult tenant moves into the rental housing before you have lived there for 12 months, the just cause protections do not apply until you have lived there for 24 months or all adult tenants have lived in the rental housing for 12 months, whichever comes first.

 

Does the law apply to the housing I live in?

The just cause protections apply to renters who live in:

• Most apartment buildings that were built at least 15 years ago.

• Duplexes that were built at least 15 years ago - if the owner does not live in the other side.

• Single family houses that were built at least 15 years ago that are owned by a corporation.

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The law does not apply to some renters, including those who live in:

• Housing that was built less than 15 years ago;

• Some single family homes owned by individuals; and

• Some types of Low-Income Housing, where the rents are kept lower by a deed or regulatory agreement. (Note: this does not include renters with a Section 8 voucher.)

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This is not a complete list of who the law protects and who it does not apply too. Contact an attorney to get more information about whether the law applies to you.

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Disclaimer: None of the information or links provided at this site are legal advice.