California’s eviction laws have seen significant changes in recent years, driven by the need to protect tenants during economic hardships and the ongoing housing crisis. As we move into 2024, it’s essential for landlords, tenants, and real estate professionals to understand these updates and their implications. This blog will explore the key changes to California’s eviction laws and what they mean for all stakeholders.
The Evolution of Eviction Laws in California
The COVID-19 pandemic prompted extensive eviction protections at both the federal and state levels. While federal protections have ended, California has enacted several laws to offer continued support to tenants and landlords. Here’s a look at how these laws have evolved and their current state in 2024:
1. Pandemic-Era Protections:
- Statewide Moratorium: California implemented a statewide eviction moratorium, which lasted through various extensions until September 2021.
- Emergency Rental Assistance: Programs were established to help tenants pay overdue rent and assist landlords in recovering lost income.
2. Recent Legislative Changes:
- SB 91 and AB 832: These laws extended tenant protections, established rental assistance programs, and set guidelines for eviction processes during and post-pandemic.
Key Changes in 2024
1. Permanent Tenant Protections:
- Just Cause Eviction Requirements: Under AB 1482, the Tenant Protection Act of 2019, landlords must provide a just cause for evictions, such as lease violations or property damage, for tenants who have lived in the property for more than 12 months.
- Extended Notice Periods: For no-fault evictions (e.g., owner move-in or substantial renovations), landlords must provide at least a 60-day notice. For other evictions, a 30-day notice is generally required for tenants who have lived in the unit for less than a year, and a 60-day notice for those who have lived there longer.
2. Rent Control and Stabilization:
- Rent Cap: Under AB 1482, rent increases are capped at 5% plus the local rate of inflation, or 10%, whichever is lower. This law covers most multifamily units and some single-family homes.
- Expansion of Rent Control: Local jurisdictions have been expanding rent control measures. For instance, Los Angeles and San Francisco have strict rent control laws that continue to evolve.
3. Eviction Diversion Programs:
- Mandatory Mediation: Some localities have introduced mandatory mediation programs to resolve disputes between landlords and tenants before eviction proceedings can begin. These programs aim to find mutually agreeable solutions and reduce the number of evictions.
- Legal Representation: Initiatives like the “Right to Counsel” in cities such as San Francisco ensure that tenants have access to legal representation during eviction proceedings.
4. Eviction Moratorium Extensions for Specific Situations:
- COVID-19 Rental Debt: Protections remain in place for tenants with rental debt accrued during the COVID-19 pandemic. Landlords must seek rental assistance funds before pursuing evictions for this type of debt.
- Habitability Issues: Tenants can defend against eviction if they can prove that the property has serious habitability issues that the landlord failed to address.
Implications for Landlords and Tenants
1. For Landlords:
- Compliance Requirements: Landlords must stay updated on new laws and ensure compliance to avoid legal issues. This includes providing proper notices and adhering to just cause requirements.
- Financial Assistance: Landlords should be aware of available rental assistance programs to mitigate financial losses due to unpaid rent.
2. For Tenants:
- Awareness of Rights: Tenants need to understand their rights under current laws, including protections against unjust evictions and caps on rent increases.
- Seeking Assistance: Tenants facing eviction should seek legal aid and utilize mediation programs to resolve disputes and possibly avoid eviction.
Conclusion
The recent changes to eviction laws in California reflect a shift towards greater tenant protections and a more balanced approach to landlord-tenant relationships. Understanding these changes is crucial for both landlords and tenants to navigate the complexities of the real estate market in 2024. For further assistance, consider consulting with legal professionals or local housing authorities to stay informed and compliant with the latest regulations.
