Not a bad one, but you need now to add an addendum to disclose whether the unit is protected by AB 1482 and a brief summary of the AB itself. I expect that sites like NOLO will provide this addendum soon.
All new leases need to include it, and you need to get all your existing tenants notified as well (with their counter signature). The deadline to notify the existing tenants is 7/1/2020. I think all new leases starting 1/1/2020 need to include the addendum.
I have heard that if a landlord fails to disclose to an existing tenant, a normally unprotected unit like a SFR becomes protected.
I have further heard that if you fail to notify an existing tenant of a protected unit (apartment) about AB 1482, then you lose the right to increase the rent at all.
Q. What kind of notices are tenants required to receive about the rent cap?
A. All tenants in units covered by the bill must receive a notice explaining the just cause and rent cap protections. For a tenancy existing prior to July 1, 2020, this notice must be provided in writing to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement. For any tenancy commenced or renewed on or after July 1, 2020, this notice must be provided as an addendum to the lease or rental agreement, or as a written notice signed by the tenant with a copy provided to the tenant. The notice language must read:
“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”
In addition, an owner claiming an exemption under the single-family home or condo exemption must provide a written notice to the tenant. For a tenancy existing before July 1, 2020, this notice may be provided in the rental agreement. For any tenancy commenced or renewed on or after July 1, 2020, this notice must be provided in the rental agreement. If the owner does not provide the required notice, then the property is NOT exempt from just cause or the rent cap. The notice language must read:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
I just saw this thread, good thing too cause one of my leases is coming up.
@manch - Did the form just add the below text as a condition/clause?
This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
Just signed a new lease last week and I used CAR form. Their 12/19 revision has “Rent Cap and Just Cause” addendum. 3 pages long and in the last page there is check box if the property is exempted. Both landlord and tenant has to sign the addendum
Oh one cool thing about Nolo form is that they include the clause about interests payment on security deposit. They let you choose in a drop down box the city of your rental. If yours is in Berkeley they include the right amount. For me it’s “All the Others” as San Jose landlords don’t need to pay interests.
I actually did not know landlords have to pay interests in cities like Berkeley.
I used car forms once, but when I handed-over to property manager, he informed me that it is copy-righted and restricted to realtors (or other related paid service).
Nowadays, I use my own non-CAR forms, like the one posted by caiguycaiguy.
Unfortunately, I face all such legal issues in real estate !