The Tenant Protection Act generally does not apply if:
- The landlord has provided the following notice to the tenant: “This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.” AND
- Not every adult tenant has continuously and lawfully occupied the residential rental property for 12 months AND
- No adult tenant has continuously and lawfully occupied the property for 24 months or more AND
- The property is:
- provided by certain nonprofits, churches, or schools; or
- occupied by both the landlord and tenant and they share bathroom or kitchen facilities; or
- one in which the owner-occupant rents or leases no more than two units or bedrooms, such as a garage conversion or property with mother-in-law quarters; or
- a mobilehome; or
- a duplex in which the owner occupied one of the units as the owner’s principal place of residence since the beginning of the tenancy; or
- new construction, meaning a house that has been issued a certificate of occupancy within the previous 15 years; or
- owned by a private person instead of a real estate investment trust or corporation; or
- housing restricted by a recorded document for purposes of affordable housing.
This list is just a summary and is not legal advice. Read the official statutes for more information about whether the law applies to your rental.
California Civil Code § 1946.2
California Civil Code § 1947.12