Your Rights Under the California Tenant Protection Act

As a renter in California, or anywhere for that matter, you must understand your rights. Many of the rights that tenants hold come from the California Tenant Protection Act. Below, we’ll explain your rights under the California Tenant Protection Act (TPA) and what it means for your relationship with your landlord.

Understanding the TPA

The Tenant Protection Act, or TPA, is a statewide law that protects residential tenants. It went into effect on January 1, 2020, with the primary goals of preventing excessive rent increases and stopping wrongful evictions. This law ensures that landlords cannot raise your rent beyond a specific limit each year and must have a valid reason, known as “just cause,” to ask you to move out.

Note: The California State Senate recently passed Senate Bill 567 (SB 567), which adds more specific requirements for landlords, particularly for “no-fault” evictions, and introduces new penalties for landlords who fail to comply with the law.

Limits on Rent Increases

One of the cornerstones of the TPA is the cap it places on how much a landlord can increase your rent. This protection prevents rent gouging from landlords and provides you with more predictable housing costs.

The Maximum Allowable Increase

Under the TPA, your landlord cannot increase your rent by more than five percent plus the local rate of inflation, or ten percent of your current rent, whichever is lower, over 12 months. The Consumer Price Index (CPI) measures inflation in your region. This means the exact allowable percentage can change each year, but it will never exceed ten percent. Your landlord may implement up to two separate rent increases within a 12-month period, but the total increase cannot exceed the annual cap.

Interaction with Local Rent Control

Many cities in California, such as San Francisco and Los Angeles, have their own local rent control ordinances. If a local rent control law more proactively covers your rental unit than the TPA—meaning it allows for a smaller rent increase—then the local law applies. The TPA does not replace stronger local protections; it sets a minimum standard of protection for tenants across the state.

“Just Cause” Eviction Protections

Another important thing to know about your rights under the California Tenant Protection Act is the “just cause” eviction protection. This means your landlord must have a legally valid reason to terminate your tenancy if you have lived in the unit for 12 months or more. The mere expiration of your lease is not a sufficient reason for your landlord to ask you to leave.

What Is “Just Cause”?

“Just cause” reasons fall into two categories: “at-fault” and “no-fault.” The landlord must clearly state the reason for the eviction in the written termination notice. This requirement gives you a clear understanding of why the landlord is terminating your tenancy and what you can do about it.

“At-Fault” Reasons for Eviction

“At-fault” evictions occur when a tenant violates the lease agreement. These reasons include failing to pay rent, violating a significant term of the lease, creating a nuisance, or engaging in criminal activity on the property. For some of these issues, such as failing to pay rent, your landlord must first give you a notice that provides an opportunity to fix the problem (“Notice to Pay Rent or Quit”).

“No-Fault” Reasons for Eviction

“No-fault” evictions are situations in which the tenant has done nothing wrong, but the landlord wants to end the tenancy for a specific, legal reason. These reasons are strictly defined and include the owner or their close family member intending to move into the unit, the owner withdrawing the property from the rental market, the owner planning a substantial remodel of the unit, or the need to comply with a government or court order to vacate the property.

Understanding “No-Fault” Evictions in Detail

Because “no-fault” evictions are not the tenant’s fault, the law imposes strict requirements on landlords who use them and grants tenants certain rights, including relocation assistance.

Owner or Family Member Move-In

If your landlord wants to evict you so they or a close family member can move in, they must follow strict rules. The person moving in must be the owner, their spouse, domestic partner, child, grandchild, parent, or grandparent. They must move into the unit within 90 days of you leaving and live there as their primary residence for at least one year. The eviction notice must name the person moving in and their relationship to the owner.

Demolition or Substantial Remodel

A landlord can also evict a tenant to perform a substantial remodel. This cannot be simple cosmetic work. The remodel must be significant enough to require permits and require you to be out of the unit for at least 30 consecutive days to complete the work safely. The eviction notice must describe the work, include copies of the necessary permits, and inform you of your right to re-rent the unit at the same terms if they do not start or complete the work.

Relocation Assistance for “No-Fault” Evictions

If your landlord evicts you for a “no-fault” reason, they must legally provide you with relocation assistance. This payment must equal one month’s rent. The landlord must either pay this amount to you within 15 calendar days of serving the eviction notice or waive your final month of rent. Some local ordinances may require a larger relocation payment, so you should check your local laws.

Properties Exempt from the TPA

The California TPA does not cover all rental properties in the state. It is important to know if your rental unit falls under these exemptions. The most common exemption is for housing that is less than 15 years old. This exemption is on a rolling basis, meaning that a building that is currently 14 years old will become subject to the TPA next year.

Other exemptions include single-family homes and condominiums that a corporation does not own, a real estate investment trust (REIT), or an LLC with at least one corporate member. The landlord must provide you with notice that the unit is exempt from the TPA.

Legal Notices Your Landlord Must Provide

Your landlord must provide specific written notices to comply with the TPA. A verbal notice or a text message is not legally sufficient.

Notice of TPA Protections

For tenancies that started or renewed on or after July 1, 2020, your lease agreement must include a notice explaining your rights under the TPA’s rent cap and “just cause” provisions. If your tenancy began before that date, your landlord must provide you with this written notice.

Written Eviction Notices

Before your landlord can evict you, they must give you a written notice. This notice must state the reason for the eviction and the time you have to either fix the problem or move out. If the notice has flaws or lacks the necessary information, it is not legally valid.