California Tenant Protection Act

California’s rental laws have evolved quickly over the past few years. The Tenant Protection Act (TPA) now works alongside amendments enacted in 2024 and new laws taking effect in 2026. This guide keeps the original information from our previous post but presents it in a more reader‑friendly format.

How the Tenant Protection Act Works

Rent Cap

• Applicability: Most residential rentals in California fall under the TPA unless an exemption applies (see below).
• Cap Formula: During any 12‑month period, the gross rent may increase by no more than 5 % + CPI or 10 %, whichever is lower.
• Frequency of Increases: Landlords may not impose more than two rent increases in a year, and each increase must comply with the cap.

Just‑Cause Evictions

Once a tenant has legally occupied a unit for 12 months, a landlord must state a valid reason to end the tenancy. Reasons fall into two categories:

• At‑fault causes:
  
  • Non‑payment of rent.
  • Lease violations (e.g., unauthorized subletting, causing a nuisance or criminal activity).
  • Refusal to sign a lease extension on similar terms.
    
• No‑fault causes:
  
  • Owner or relative move‑in. Under SB 567, the owner or qualifying relative must move in within 90 days of the tenant leaving and remain for at least 12 months.
  • Withdrawal of the property from the rental market.
  • Government order requiring a vacancy.
  • Substantial remodel. The work must require a permit, involve a major system, and last at least 30 consecutive days.

For no‑fault evictions, landlords must offer a relocation payment or waive the last month’s rent. If the owner or relative fails to occupy the unit for the required year or the remodel is not completed, the displaced tenant may return at the previous rent.

Exemptions from the TPA

The TPA does not apply to certain housing types. Key exemptions include:

• Transient lodging, hotels, and motels.
• Nonprofit hospitals, religious facilities, extended‑care facilities, licensed residential care facilities for the elderly, and adult residential facilities.
• Dormitories owned by schools or universities.
• Owner‑occupied single‑family homes where the owner rents out no more than two bedrooms or units, including accessory dwelling units.
• Duplexes, when the owner lives in one unit at the start of the tenancy.
• Housing built within the last 15 years (rolling exemption).
• Single‑family homes or mobilehomes that are separately deeded, provided the owner is not a real estate investment trust (REIT), corporation, or LLC with a corporate member, and the landlord gives written notice.
  

Affordable housing subject to deed restrictions, mobilehome parks governed by the Mobilehome Residency Law, and units already under local rent control are exempt from state rent caps but may carry their own requirements.

New Laws Effective January 1, 2026

AB 628: Stoves and Refrigerators

• Habitability Requirement: A unit is considered untenantable if it lacks a stove or refrigerator in good working order.
• Landlord’s Duty: Landlords must provide and maintain both appliances unless the tenant elects (in writing) to supply their own.
• Scope and Exemptions: Applies to leases entered into, amended, or extended on or after January 1, 2026. Permanent supportive housing, single‑room occupancy units, residential hotels, and units with communal kitchens are exempt.
• Recall Repairs: Landlords must repair or replace recalled appliances within 30 days of notice.

AB 414: Electronic Security Deposit Refunds

• Electronic Refunds: If a landlord received a security deposit or rent electronically, the landlord must return any remaining deposit electronically to a tenant‑designated account unless both parties agree in writing to another method.
• Notification: Landlords (and successors) must notify tenants of their right to electronic refunds when either party intends to terminate the tenancy.
• Multiple Tenants: Written agreements can specify how deposits are distributed and how itemized statements are delivered (by mail or email).
• Default Delivery: Unless a mutual agreement exists, itemized statements must be delivered personally or by first‑class mail.

SB 610: Disaster Clean‑Up and Repairs

• Presumption of Unhabitability: After a wildfire or disaster, debris such as ash, sludge or runoff is presumed to make a unit untenantable until a local health agency confirms it is safe.
• Landlord Obligations: Landlords and park managers must remove debris, repair structural/mechanical damage, and mitigate hazards within a reasonable time, following official cleaning protocols.
• Tenant Remedies: If a landlord fails to remediate the unit, tenants may repair and deduct costs from rent, proportionally reduce rent, or terminate the lease. During mandatory evacuations, tenants are not required to pay rent, and any prepaid rent must be refunded or credited.

Local Ordinances

Many cities and counties enforce their own rent control and eviction rules that go beyond the TPA. Examples include San Francisco, Berkeley, Los Angeles, Oakland, and San Jose. Local rules may cap rent increases at lower levels, extend notice period,s or restrict allowable evictions. Always check the ordinances in your area and consult a housing professional if you are unsure which rules apply.

Key Takeaways

• TPA Timeline: The act became operative on April 1, 2024, and remains in force until January 1, 2030.
• Rent Cap: Annual rent increases for covered units are limited to 5 % plus the change in the Consumer Price Index (CPI) or 10 %, whichever is lower.
• Eviction Protections: Tenants gain “just‑cause” eviction rights after 12 months of occupancy; SB 567 adds stricter rules for owner move‑ins and remodels.
• New 2026 Rules: AB 628 requires stoves and refrigerators; AB 414 mandates electronic refunds of security deposits; SB 610 clarifies landlords’ obligations after disasters.
• Exemptions: Not all properties are covered. Single‑family homes, recent construction, and certain special facilities may be exempt (see details below).

Frequently Asked Questions About the California Tenant Protection Act

How much can my landlord raise my rent under the Tenant Protection Act?

For covered properties, landlords may increase rent by no more than 5% plus the change in the Consumer Price Index (CPI), or 10% total, whichever is lower, during any 12-month period. Local rent control ordinances may impose even stricter limits, so tenants should check city-specific rules.

When does “just-cause” eviction protection begin?

Just-cause protections apply after a tenant has continuously occupied a rental unit for 12 months. After that point, a landlord must provide a legally valid reason, either at-fault or no-fault, to terminate the tenancy.

What qualifies as a no-fault eviction under California law?

Common no-fault reasons include an owner or qualifying relative moving into the property, withdrawal of the unit from the rental market, government-ordered vacancy, or a substantial remodel that requires permits and impacts major building systems. In these situations, landlords must typically provide relocation assistance or waive the last month’s rent.

Are single-family homes always exempt from the Tenant Protection Act?

Not necessarily. A single-family home may qualify for exemption only if it meets specific ownership requirements and the landlord provides proper written notice. If the home is owned by a corporation, real estate investment trust, or certain LLC structures, the exemption may not apply.

Do local rent control laws override the Tenant Protection Act?

Local ordinances can provide greater tenant protections than the statewide law. Cities like San Francisco, Berkeley, Los Angeles, Oakland, and San Jose have their own rent control and eviction rules. When local laws offer stronger protections, those rules generally apply in addition to state law.

Need Legas Assistance from A Trusted Stockton Tenant-Landlord Attorney?

Navigating landlord‑tenant law can be challenging. SB 567’s stricter eviction rules and the new obligations imposed by AB 628, AB 414, and SB 610 expand tenants’ rights and landlords’ responsibilities. Understanding these changes is crucial to avoiding disputes and protecting your housing stability.As a tenant‑landlord attorney at Davalos Law Firm PC, I closely track legislative updates and provide informed guidance to clients. Call us at (209) 400‑4517 or visit our website to schedule a consultation if you have questions about the TPA, eviction notices, or your rights under the new laws.