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A California landlord who is a natural person (not a corporation or REIT) owns a single-family home built in 2008. The landlord served the tenant with the AB 1482 exemption notice required by Civil Code section 1946.2(e)(8) before the commencement of the tenancy. The tenant has resided in the home for 18 months. The landlord now seeks to terminate the tenancy in order to sell the property. Under AB 1482, which statement correctly describes the landlord's obligations?

Correct Answer

B) The noticed single-family exemption lifts both the rent cap of Civil Code section 1947.12 and the just cause requirements of Civil Code section 1946.2, so the landlord may terminate with statutory notice and owes no AB 1482 relocation assistance

Civil Code section 1946.2(e)(8) exempts residential property that is alienable separate from the title to any other dwelling unit from the just cause requirements, on two conditions: the owner is not a real estate investment trust, a corporation, or an LLC with a corporate member, and the tenant received the statutory written exemption notice. Civil Code section 1947.12(d)(5) is the parallel exemption from the rent cap, and the statutory notice recites both sections together. This owner is a natural person who gave the notice, so neither half of AB 1482 reaches the property and no AB 1482 relocation payment is owed. The landlord terminates under the ordinary notice statute, which for a tenancy of a year or more means 60 days under Civil Code section 1946.1. The home was built in 2008, so the separate 15-year new construction exemption in section 1946.2(e)(7) no longer applies and is not what carries this fact pattern.

Answer Options
A
Because the tenant has resided in the home for more than 12 months, just cause eviction protections apply regardless of any exemption notice, and the landlord must pay one month's relocation assistance
B
The noticed single-family exemption lifts both the rent cap of Civil Code section 1947.12 and the just cause requirements of Civil Code section 1946.2, so the landlord may terminate with statutory notice and owes no AB 1482 relocation assistance
C
The single-family home exemption applies only to the rent cap; just cause eviction protections under Civil Code section 1946.2 apply to all tenancies exceeding 12 months and cannot be waived by notice
D
The landlord must obtain a court order confirming the exemption before serving any termination notice, because AB 1482 presumes coverage for all residential tenancies of 12 months or more

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Related Topics & Key Terms

Key Terms:

AB_1482single_family_exemptionjust_cause_evictionrent_cap_only

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