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Is My Rental Exempt From California Rent Control (AB 1482)?

AB 1482, the Tenant Protection Act, caps rent increases and limits evictions to "just cause" reasons for most California rentals. But a lot of small landlords qualify for an exemption — and then lose it anyway, because the exemption depends on paperwork, not just on what kind of property you own.

Exemption #1: Single-family homes and condos

You're exempt from the rent cap and just-cause rules only if both of these are true:

  1. You're a natural person — not an LLC with a corporate member, not a corporation, not a REIT.
  2. You gave the tenant the required written exemption notice, using the specific statutory language in Civil Code §1946.2(g)(1)(A), either in the lease itself or as a standalone notice.

That second condition is the one people miss. Owning a single-family home as an individual doesn't automatically exempt you — if you never gave the tenant the written notice, the exemption doesn't apply, even though the property would otherwise qualify. This is the most common way small landlords lose a protection they were actually entitled to.

Fix: if you own a qualifying single-family home or condo and haven't given this notice yet, add it to your lease paperwork now, going forward. It can't retroactively fix past leases, but it protects the next one.

Exemption #2: Owner-occupied duplexes

If you own a duplex and live in one of the two units, the other unit is exempt from the rent cap and just-cause rules — for as long as you keep living there.

The moment you move out and rent both units, the exemption ends immediately, and both units become subject to AB 1482 going forward.

Exemption #3: New construction

Properties with a certificate of occupancy issued within the last 15 years are exempt. This is a rolling exemption — a building that was 14 years old last year and exempt may cross the 15-year line this year and become covered. Check your certificate-of-occupancy date annually, not just once.

If none of these apply to you

You're subject to the rent cap (5% + local CPI, capped at 10% total increase per 12-month period — the exact number depends on your region and year, confirm the current figure before increasing rent) and to just-cause eviction rules once a tenant has lived there 12 months or more.

The one-line test to run today

Ask yourself: do I have a signed, written exemption notice in this tenant's file, in the exact statutory language, or am I assuming the exemption applies because of what kind of property I own? If it's the latter, that's worth fixing before your next lease renewal.

This article is informational, not legal advice. For your specific situation, talk to a California landlord-tenant attorney.

Want the complete picture? The California Small Landlord Compliance Guide includes the full AB 1482 exemption test, the rent increase notice rules that interact with it, and a ready-to-use rent increase notice template.

Get the guide — $29