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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 §1946.2(e)(7) before or at the commencement of the tenancy. The tenant has resided in the home for 18 months. The landlord now seeks to terminate the tenancy to sell the property. Under AB 1482, which statement correctly describes the landlord's obligations?

Correct Answer

B) The properly noticed single-family home exemption removes the property from both the rent cap provisions of Civil Code §1947.12 and the just cause eviction provisions of Civil Code §1946.2, so the landlord may terminate with appropriate statutory notice and no relocation assistance obligation under AB 1482

Civil Code §1946.2(e)(7) expressly exempts qualifying single-family homes from the just cause eviction requirements of AB 1482, provided: (1) the owner is a natural person, joint tenancy, tenancy in common, or family trust — not a REIT or corporation; (2) the owner has provided the required written exemption notice to the tenant. Civil Code §1947.12(d)(5) contains a parallel exemption from the rent cap. When both conditions are met, the property is exempt from both AB 1482 protections, and the landlord may terminate with standard statutory notice (60 days for tenancies over one year under Civil Code §1946) without owing relocation assistance under AB 1482.

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 properly noticed single-family home exemption removes the property from both the rent cap provisions of Civil Code §1947.12 and the just cause eviction provisions of Civil Code §1946.2, so the landlord may terminate with appropriate statutory notice and no relocation assistance obligation under AB 1482
C
The single-family home exemption applies only to the rent cap; just cause eviction protections under Civil Code §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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