AB 1482 exemption notices

[jared1981b]

California – Placer County

I have rented a condo for 16 years. My last fixed-term lease expired in March 2023 and explicitly included an AB 1482 exemption notice. Since then, my tenancy has automatically converted to month-to-month, and my landlord has not reissued the AB 1482 exemption notice.

I was previously informed that, under California's Tenant Protection Act (AB 1482), a landlord must provide tenants with a written exemption notice at the time the lease transitions to month-to-month tenancy, and I was told this notice needs to be provided annually to remain exempt for month-to-month.

Does the landlord’s failure to reissue the AB 1482 exemption notice upon the transition to month-to-month tenancy mean that my rental now falls under AB 1482’s tenant protections (rent caps and just-cause eviction requirements)?

Can anyone clarify if this exemption notice is legally required to be reissued in my scenario, and if so, does this lapse result in the loss of exemption status? Thanks.

 

[zddoodah]

AB 1482

FYI, it's better to refer to Civil Code sections 1946.2, 1947.12, and 1947.13, which is where AB 1482 was codified.

I was previously informed that, under California's Tenant Protection Act (AB 1482), a landlord must provide tenants with a written exemption notice at the time the lease transitions to month-to-month tenancy, and I was told this notice needs to be provided annually to remain exempt for month-to-month.

Informed by whom? Told by whom?

Does the landlord’s failure to reissue the AB 1482 exemption notice upon the transition to month-to-month tenancy mean that my rental now falls under AB 1482’s tenant protections (rent caps and just-cause eviction requirements)?

Can anyone clarify if this exemption notice is legally required to be reissued in my scenario, and if so, does this lapse result in the loss of exemption status?

I see nothing in any of the relevant sections that would support that.

 

[jared1981b]

Thanks for the reply. Case law suggests that not all terms of a lease automatically carry over after expiration.

In Spaulding v. Yovino-Young (1947) 30 Cal.2d 138, the court held that an option to purchase was a collateral provision and didn’t carry over into a holdover (month-to-month) tenancy. Likewise, Smyth v. Berman (2019) 31 Cal.App.5th 183 found that a right of first refusal didn’t survive expiration without being reaffirmed.

The AB 1482 exemption — which requires specific language in a written lease per Civil Code § 1946.2(e)(8)(B) — seems similarly “collateral.” Since it’s a legal carve-out rather than a core lease term (like rent or duration), there’s an argument that the exemption doesn’t automatically persist into a month-to-month tenancy unless it's restated in a new written agreement.

While the statute doesn’t say the exemption must be reissued, case law supports the idea that it might not survive the lease expiration without renewal.

Is this not applicable? Thanks.

 

[zddoodah]

Case law suggests that not all terms of a lease automatically carry over after expiration.

The statutory provisions in question are not "terms of a lease," so I don't see how either of those cases could possibly be relevant.

The AB 1482 exemption — which requires specific language in a written lease per Civil Code § 1946.2(e)(8)(B)

It only has to be in the lease if the tenancy was commenced or renewed on or after July 1, 2020. You said that your tenancy commenced approximately 16 years ago. You also said that your "last fixed-term lease expired in March 2023" but didn't tell us when it commenced. If it commenced on or after July 1, 2020, did the lease/renewal document contain the required notice?

Since it’s a legal carve-out rather than a core lease term (like rent or duration), there’s an argument that the exemption doesn’t automatically persist into a month-to-month tenancy unless it's restated in a new written agreement.

I cannot see any viable argument - especially not one based on the two cases you cited. Again, the statutory exemption and the necessity of notice are not lease terms at all.

While the statute doesn’t say the exemption must be reissued, case law supports the idea that it might not survive the lease expiration without renewal.

Neither of the two cases you cited support any such thing, and I'm unaware of any case authority that does.

Why does this matter? Is your landlord seeking to terminate your tenancy without just cause or to raise your rent in excess of what would otherwise be permissible under section 1947.12?

 

[jared1981b]

Yes. My tenancy is being terminated. The owner is selling the property. They say the property is exempt from 1947.12 because they included the exemption language in the 2022-2023 lease. I do appreciate your time and info. Thanks.