[CA] [CA] Does the Tenant Protection Act apply to me?
I am a homeowner who rents out 2 rooms in my primary residence. I want to terminate a month-to-month room rental with one tenant. She has not complied with our verbal agreement to clean up after her cats. I no longer want to live in a house with cats. As the other roommate has been here longer, I should issue a 60-day notice to quit, correct?
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Generally, the TPA applies to all leases, unless that lease was exempted upon signing of the lease. For a month-to-month over a year, you would generally be subject to those requirements. So, you would be expected to either waive the last month’s rent or pay up to one month’s rent in relocation expenses.
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I am a homeowner who rents out 2 rooms in my primary residence. I want to terminate a month-to-month room rental with one tenant. She has not complied with our verbal agreement to clean up after her cats. I no longer want to live in a house with cats. As the other roommate has been here longer, I should issue a 60-day notice to quit, correct?
Lexi, Chatbot
I understand how challenging it can be to manage tenant relationships, especially when it involves pets. Have you already discussed your concerns with the tenant regarding the cleanliness and your desire to terminate the rental agreement?
She spoke of her desire to end the agreement in November 2024. I have been cleaning up after her cats since 2 months after she moved in.
Lexi, Chatbot
How long has the tenant been living in the room, and do you have any written agreements or documentation regarding the rental terms?
Unfortunately, no, as she has been a long-term friend who moved to Costa Rica in early 2024 with her cats. She contacted me May 23, 2024, to see if I would be willing to rent a room to her so she could move back, as she had sold her residence.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they’ll be able to help with your rental termination.
I don’t know.
Benjamin
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question. Could you please let me know the location of the property?
California. I own and reside in the home.
Benjamin
Ok, thank you. How long has this person lived in your house?
If the tenant has been in the home for less than 12 months, then you can provide a 30-day notice. If they have been in the home for more than a year, you will be required to provide a 60-day notice.
Well, she texted me on WhatsApp to ask if I would rent a room to her and could she bring her cats. That was on May 23, 2024. She actually brought one cat, went back to Costa Rica to get the other cat, so was in residence end of month July 2024. I rent another room to someone else, but he has been there longer, so I was going to give her a 60-day notice to quit to be out September 30, 2025.
We share common areas and a kitchen.
Benjamin
Ok, yes I agree. What are your specific questions?
Because I live in the house and share living areas, including the kitchen, would I be exempt from the issues in AB 1482 regarding eviction?
Benjamin
Generally, the TPA applies to all leases, unless that lease was exempted upon signing of the lease. For a month-to-month over a year, you would generally be subject to those requirements. So, you would be expected to either waive the last month’s rent or pay up to one month’s rent in relocation expenses.
So basically I have to pay to get her out of my house. Messed up but worth the money.
Why wouldn’t it be exempted, because I own and reside in the house and only rent two bedrooms out? I guess that’s where I’m confused.
Benjamin
Your residence would generally be, and if you had written leases, you could add an exemption provision in your lease because this is a single-family home and presumably less than 15 years old. But, because you do not have a written lease, you cannot provide the tenant with this exemption. The law requires that tenants be put on notice that the property is exempt at the time they agree to rent the premises.
So valuable lesson. Thank you for clearing that up.
Have a wonderful day.
Benjamin
Did that solve your issue? Please let me know if you have any further questions.
Yes, complete. Thank you.
Benjamin
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