Legal Question in Landlord & Tenant Law in California

Tenant has been renting single family condo for about 10 years on a month that to month basis from my parents. They would like to raise the rent but didn’t know there was a deadline to provide written notice of ab 1482 exemption. Now that the deadline has passed, is the property no longer considered exempt? Should they still send the tenant an exemption addendum even at this late date? The property is not owned by a reit or corporation.

In advance, I thank you for any information on this.


Asked on 9/22/22, 1:32 pm

1 Answer from Attorneys

I'm not sure what deadline you are referring to. The only deadline in the statute is August 1, 2020 for notice that a property IS subject to the Act. The notice of exemption for individually alienable dwelling units is to be given in any new lease or a renewal, or by separate notice but no deadline is provided. If you want to dot your i's and cross your t's you might want to request the tenant execute a new rental agreement and include the notice. After 10 years it's probably time to make sure the rental agreement conforms to current law anyway. Then wait 60 days to make very sure you're in compliance with rent increase notice requirements and then proceed with the rent increase. Alternatively, your parents may just want to comply with the limits for now. Considering the current rate of inflation, a 10% increase is legal under the 5% + inflation, or 10%, whichever is less rule.

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Answered on 9/23/22, 8:37 am


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