Understanding California's New Tenant Protection Act Amendments (SB 567)

Missy Wiesen
Jul 30, 2024
2 min read

California's Tenant Protection Act (TPA) has recently been amended with Senate Bill 567, effective April 1, 2024, tightening the requirements for landlords to terminate tenancies for no-fault evictions, specifically those based on owner move-ins or substantial remodeling. Here’s what you need to know about the key points and consequences of non-compliance:

Key Points:

Owner Move-In Evictions:

Identification Requirement: The eviction notice must identify the intended occupant's name and relationship to the owner.
Occupancy Requirement: The owner or their family member must move in within 90 days after the tenant vacates and reside there for at least one year.
Single Occupant: The owner or their family member cannot already occupy a unit in the building, and there must not be another vacant unit on the property.
Reinstatement Offer: If the occupant does not move in within 90 days or stay for at least a year, the owner must offer the unit back to the evicted tenant at the same rent and lease terms, reimbursing reasonable moving expenses.
Ownership Interest: The owner must hold at least a 25% ownership interest in the property.

Substantial Remodeling Evictions:

Vacancy Requirement: Remodeling must require the tenant to vacate for at least 30 consecutive days.
Written Notice: The eviction notice must include a detailed statement about the intent to remodel or demolish, the expected duration, and a copy of required permits.
Re-renting Obligation: If the remodel or demolition is not completed, the owner must offer the unit back to the tenant at the original rental rate and terms.

Consequences for Non-Compliance:

Damages and Legal Fees: Owners who violate the TPA by improperly terminating a tenancy or raising rent beyond the maximum allowable amount can be held liable for actual damages, reasonable attorney's fees and costs, up to three times the actual damages for willful violations, and potentially punitive damages.
Injunctive Relief: The Attorney General and other authorized entities can seek injunctive relief for violations of the TPA.
Rent Overcharge Penalties: Owners who demand, accept, or retain rent payments exceeding the allowable maximum can face injunctive relief, reimbursement of excess payments, attorney's fees, and triple damages for willful violations.

Background:

The Tenant Protection Act of 2019 established statewide rent caps and just cause eviction requirements in California. SB 567 aims to close loopholes in the TPA, particularly concerning evictions for owner move-ins and substantial remodeling. The bill also introduces specific damages and enforcement mechanisms for TPA violations, providing clearer guidelines and stronger protections for tenants.

Practical Implications:

For landlords, this means stricter compliance requirements and potential financial and legal consequences for non-compliance. Ensuring all eviction notices and actions meet the new legal standards is crucial to avoid penalties. For tenants, these amendments provide stronger protections against wrongful evictions and excessive rent increases, reinforcing their rights under California law.

In conclusion, understanding and adhering to the updated Tenant Protection Act is essential for both landlords and tenants to ensure fair and legal housing practices in California. For further details or legal advice, consulting with a real estate attorney or housing expert is recommended.

Always stay informed about the latest changes in housing laws to protect your rights and interests effectively.