Tenant's Rights      

Consistent with Program H-5w of the City's 2023-2031 Housing Element, the City has published informational flyers on renter's rights and renter-focused services. These flyers are available in English and in Spanish and, in addition to being available online, are distributed at many community events.

• Tenant's Rights Flyer (English)
• Tenant's Rights Flyer (Spanish)

Statewide Rent Caps and Just Cause Eviction Protections                  

What is AB 1482?

Assembly Bill 1482 (AB 1482), also known as the Tenant Protection Act (TPA), is a California state law that provides rent-increase and eviction protections to many residential tenants.

The Tenant Protection Act:

1. Limits rent increases for covered rental properties.
2. Requires just cause for certain evictions after a tenant has lived in a covered rental unit for the required period.

State law establishes minimum protections. Cities and counties may have additional or stronger tenant protections that also apply.

Who is covered by AB 1482?

The Tenant Protection Act generally applies to residential rental units that are more than 15 years old, unless the property or tenancy qualifies for a statutory exemption. The 15-year period is rolling, meaning additional properties become covered as they reach 15 years of age.

Examples of properties or housing situations that may be exempt include:

• Certain single-family homes and condominiums that are not owned or controlled by a corporation, real estate investment trust (REIT), or certain other business entities, provided the required exemption notice is given.
• Certain owner-occupied duplexes where the owner lives in one of the units.
• Newer housing that has been issued a certificate of occupancy within the previous 15 years.
• Certain affordable housing that is restricted by deed, government agreement, or other recorded document, or is subject to an agreement providing affordable housing subsidies.
• Dormitories.
• Certain mobilehome housing.

Rent-Increase Limits

For covered rental units, the Tenant Protection Act generally limits rent increases to 5% plus the change in the cost of living, or 10%, whichever is lower, over a 12-month period. The applicable maximum varies by geographic area and the date the rent increase takes effect.

For rent increases taking effect August 1, 2026 through July 31, 2027, the maximum statewide increase for Santa Clara County is 8.6%, unless a local ordinance provides a lower limit.

What Eviction Protections Apply Under AB 1482?

For tenants covered by the Tenant Protection Act who have lived in their rental unit for at least 12 months, a landlord generally must have a legally recognized just cause to terminate the tenancy. Just causes are divided into two categories: at-fault and no-fault.

At-Fault Just Causes

At-fault reasons may include:

1. Failure to pay rent.
2. Breach of a material term of the lease.
3. Nuisance, waste, or substantial damage to the property.
4. Criminal activity on the property or certain criminal activity directed at the owner or the owner's agent.
5. Using the rental unit for an unlawful purpose.
6. Refusal to allow lawful entry to the rental unit.
7. Refusal to execute a new lease containing similar terms after the existing lease expires, under circumstances specified by law.
8. Other circumstances specifically identified in state law, including certain violations involving employee housing or failure to vacate after providing notice to terminate the tenancy.

Some at-fault just causes have additional legal requirements. A landlord must comply with applicable notice and procedural requirements before terminating a tenancy.

No-Fault Just Causes

No-fault reasons may include:

1. Owner or qualifying family member move-in.
2. Withdrawal of the rental unit from the rental market.
3. Compliance with a government order or local law requiring the tenant to vacate.
4. Intent to demolish or substantially remodel the rental unit.

Additional requirements apply to no-fault evictions. For example, an owner move-in must meet specific requirements concerning who may move into the unit and how long that person must occupy it. Substantial-remodel evictions also have specific notice and documentation requirements.

Relocation Assistance for No-Fault Evictions

When a landlord terminates a tenancy for a qualifying no-fault reason under the Tenant Protection Act, the landlord generally must provide the tenant with relocation assistance equal to one month's rent or waive the final month's rent, as permitted by law. Local laws may require additional relocation assistance.

What Notice Requirements Apply?

Landlords must provide tenants with required written notices regarding whether the Tenant Protection Act applies to the tenancy.

Notice That the TPA Applies

For covered tenancies, landlords must provide the required statutory notice informing tenants that the property is subject to the rent-increase limitations and just-cause requirements of the Tenant Protection Act. For certain tenancies, this notice must be provided in the lease or as a written addendum signed by the tenant.

Notice That the TPA Does Not Apply

For certain exempt single-family homes and mobilehomes, a landlord relying on the statutory exemption must provide the tenant with the required written notice stating that the property is not subject to the TPA's rent limits and just-cause requirements. For applicable new tenancies established after July 1, 2020, this notice must be included in the lease agreement.

Important Information

This webpage provides general information about California's Tenant Protection Act and is not legal advice. Whether AB 1482 applies to a particular property or tenancy depends on the specific circumstances and applicable statutory exemptions.

Tenants and landlords should review the current requirements of California Civil Code sections 1946.2 and 1947.12 and consult a qualified attorney or legal services provider if they have questions about their rights or responsibilities.

For additional information, visit the California Department of Justice – Landlord-Tenant Issues page and the California Attorney General's current rent-increase limits.