July 1, 2020: The AB 1482 Date Every Landlord Should Know
When landlords review whether a single-family home or condominium is exempt from AB 1482, one date matters enormously: July 1, 2020. That date does not determine whether a tenant is entitled to receive notice. Instead, it determines where and how the exemption language must be provided.
Tenancies Existing Before July 1, 2020
If the tenancy already existed before July 1, 2020, the required exemption statement did not have to be written into the original rental agreement. This makes sense. Many of those leases were signed years before AB 1482 existed, so they could not have contained language required by a law that had not yet been enacted. But that does not mean no notice is required. The tenant still must be provided the statutory exemption statement before the landlord relies on the single-family-home or condominium exemption. For an older tenancy, that notice may be provided separately rather than being embedded in the original lease.
Tenancies Commenced or Renewed on or After July 1, 2020
For a tenancy that began or was renewed on or after July 1, 2020, the rule is stricter: the statutory exemption statement must be provided in the rental agreement. The safest practice is to place the exact statutory wording in the lease or in an addendum that is properly incorporated into the rental agreement. Landlords should not summarize or rewrite the language. Do Not Confuse July 1, 2020 with August 1, 2020
Another date: August 1, 2020—appears in AB 1482 and frequently causes confusion.
The August 1 deadline in Civil Code section 1946.2(f) concerns the notice that landlords of covered properties were required to give tenants explaining that California law limits rent increases and requires just cause for certain terminations. The separately alienable-property exemption for qualifying single-family homes and condominiums is addressed in different subdivisions. Those provisions focus on whether the tenant received the required exemption statement and whether, based on the July 1, 2020 date, the statement had to be included in the rental agreement.
Why the Lease History Matters?
A tenancy may have begun before July 1, 2020 but later been renewed. A landlord should therefore review more than the original move-in date.
Questions to ask include:
- Was a new fixed-term lease signed after July 1, 2020?
- Was an existing lease expressly renewed?
- Did the tenancy simply become month-to-month under the original agreement?
- Was an exemption addendum signed or separately served?
- Is there a proof of delivery?
The answer can determine whether a separate notice is sufficient or whether the exemption language was required to be part of the rental agreement.
The Bottom Line
The correct rule is not “old tenants did not need the notice.” The more accurate rule is that, for tenancies existing before July 1, 2020, the exemption language did not have to appear in the original rental agreement. The tenant still must receive the statutory statement before the landlord relies on the exemption. For new and renewed tenancies on or after July 1, 2020, the language must be included in the rental agreement.