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Tenant Protection Act

The Tenant Protection Act (TPA) guarantees certain rights to a compliant tenant against their landlord.

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Among these rights are:

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Just Cause

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A landlord must have "just cause" to terminate a lease. Just cause may be met when the tenant violates a material term of their lease, such as by their failure to pay rent or by causing damage to their rental unit.

 

Just cause is usually for the tenant's violation of the lease. There are certain instances that a landlord is considered to have just cause to terminate the lease even in the absence of tenant violation of the lease:​

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  • When the property owner is withdrawing the unit from the rental market,

  • When the property owner or certain family members are moving into the unit,

  • When the property owner is demolishing or substantially remodeling the unit,

  • When the unit must be vacated in order to comply with a law, or a court or government order

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These are considered "no fault" evictions, i.e. evictions not due to the tenant violation of the lease, and they entitle the tenant to financial assistance from their landlord for their relocation.

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In the absence of just cause for termination of the lease, a landlord may be liable to the tenant for actual damages (the costs of relocation), attorney’s fees, and up to three times the actual damages if the owner acted willfully or with oppression, fraud, or malice.

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Reasonable Rent Increase

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The TPA requires that a landlord may only increase rent by 5% a year plus reasonable cost of living increase pursuant to the Consumer Price Index (CPI) or by 10% a year, whichever is lower

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In the event of an unreasonable rent increase, the landlord may be liable to the tenant for actual damages (reimbursement to the tenant of the excess rent charged), attorney’s fees, and up to three times the actual damages if the owner acted willfully or with oppression, fraud, or malice.

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Section 8 Housing Choice Voucher Tenant Exemptions

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Section 8 housing choice voucher tenants (i.e. low-income beneficiaries of federal price-controlled housing) are given extended notice to pay rent or otherwise comply with the terms of their lease. For example, a late-paying tenant is normally subject to a 3-Day Notice to Pay Rent or Quit the Premises, else be faced with an action for Unlawful Detainer (the California eviction process), but a Section 8 housing choice voucher tenant may be granted up to 90 days to pay.

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