This is not a complete overview. If you need specific council on these matters, we encourage you to seek professional assistance.
The main issue here is to stop no-cause evictions in month-to-month tenancy, after 12 months of occupancy.
Meaning landlords need “specific cause” to evict a tenant that is in a month-to-month contract, once that tenant has been in the home for more than 12 months, the month to month portion does not matter as much after 12 months.
Tenants first need to understand that a landlord can still evict at anytime if a tenant is not paying rent or otherwise not abiding by the terms of the lease. So, review the lease before signing, stick to the terms, pay your rent on time, and all will be fine.
During the first 12 months of a month-to-month lease, a landlord can evict a tenant without “specific cause”, but they need to give 30-day notice.
After 12 months, there needs to be “specific cause” for a landlord to evict.
- Landlord sells to a buyer that moves into the home as their primary residence
- Landlord, or landlord’s family member(s), move into the home
- Landlord does significant renovation or repair (would be unsafe to occupy during work)
- Landlord removes the property from residential use
For the above, a landlord NEEDS to give 90-day notice and pay relocation expenses of 1 months rent.
EXCEPT “small” landlords (those that own 4 or less properties) do not need to pay the relocation expense, but do need to give 90-day notice.
If a landlord occupies half of the property, meaning one half of a duplex, they can evict without “specific cause”.
There is now a cap on rent increase of 7% within 12 months, plus the consumer price index (changes in the price of a select group of consumer goods & services, similar to inflation).
Only one increase per year.
There appears to be exemptions such as…
- Property is less than 15 years old
- Tenant voluntarily leaves
- Involvement in a Federal, State, or Local reduced rent program
Landlord violations can result in being liable for 3 months of rent plus damages