Single-Family Home or Condo: What Happens if the AB 1482 Exemption Box Is Left Blank?
California’s Tenant Protection Act (AB 1482) protects most renters from large rent increases and unfair evictions. While single-family homes and condos can sometimes be exempt from these rules, the landlord must clearly tell you in writing if that exemption applies.
In most standard California leases, there is a simple checkbox like this:
If your landlord leaves the exemption box blank — even if they include some legal language elsewhere in the lease — that is not enough. The checkbox is the clearest way to give you proper notice. If they don’t check it, you may still have the protections of AB 1482, including rent caps and just cause eviction rules.
If you rent a single-family home or condo in California, including areas like San Francisco, Oakland, Marin County, or Los Angeles, this applies to you.
What Notice Does a Landlord Have to Give for an Exemption?
If a landlord wants to claim that a single-family home or condo is exempt from California rent control laws and just cause eviction protections under AB 1482, they must follow strict rules.
That notice must use this exact wording, according to California Civil Code § 1947.12(d)(5)(C):
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
If this notice is missing or incomplete — for example, if the checkbox is left blank — the landlord cannot claim the exemption. That means the AB 1482 rent cap (5% plus inflation, or 10% maximum) and just cause eviction protections still apply to your unit.
When Must the Landlord Give the Exemption Notice?
Under AB 1482, landlords who claim that a rental unit is exempt from the rent cap or just-cause eviction rules must provide tenants with a written exemption notice. The timing of that notice is critical.
Leases signed or renewed on or after July 1, 2020: The exemption notice must be included in the rental agreement itself, or in a written addendum provided at lease signing. If the landlord serves the notice only after the tenancy has already begun, that generally does not satisfy the statute. Tenant attorneys and rent boards interpret such late notices as invalid, though some landlord attorneys argue otherwise.
Leases that began before July 1, 2020: For existing tenancies, landlords had until August 1, 2020 to provide the exemption notice in writing. After that deadline, a late notice does not comply with the law.
In short:
New or renewed leases after July 1, 2020 → notice must be provided at the start of the tenancy.
Existing leases before July 1, 2020 → notice had to be provided no later than August 1, 2020.
If the landlord failed to give the exemption notice on time, the unit is likely subject to AB 1482’s protections, including the statewide rent cap and just-cause eviction requirements.
Why It Matters If the Box Is Left Unchecked
Proper notice is required
The law says landlords must give you clear and specific written notice if they want to claim your unit is exempt. Simply printing the exemption language without checking the box is not enough.
Confusing leases protect you, not the landlord
California tenant protection laws are designed to favor renters. If the lease is confusing or incomplete, the benefit goes to you. Courts interpret AB 1482 in a way that protects tenants from unfair rent hikes.
Basic contract rules are on your side
If there is confusion about what was agreed upon, the landlord — who wrote the lease — is responsible for making it clear. Under California Civil Code § 1654, unclear lease terms are interpreted against the landlord. If there is no clear agreement that the unit was exempt, you can argue that AB 1482 protections still apply.
AB 1482’s goal is to protect renters
The law’s purpose is to stop sudden, unreasonable rent increases. If a landlord wants to raise your rent beyond 10%, they must follow every notice requirement exactly — there are no shortcuts.
What You Can Do if Your Rent Goes Up More Than 10%
If your landlord left the exemption box blank and tries to raise your rent more than 10%, here’s what to do:
Check your lease to see if the exemption box is blank
See if the rent increase goes beyond 5% plus inflation, or more than 10% total — which is the AB 1482 limit
Make sure you received proper notice: if the increase is more than 10%, you should get a 90-day written notice
Notify the landlord in writing that, because they did not properly check the exemption box, your unit is still protected under AB 1482
Ask the landlord to prove they gave you all legally required notices
If the landlord refuses to correct the rent increase, you can:
Talk to a tenant rights attorney to help you push back
Consider filing a claim for an illegal rent increase
If you believe your landlord is ignoring California rent control laws or trying to raise your rent illegally, contact a tenant attorney as soon as possible to protect your rights.
Disclaimer: This article is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Laws may have changed since publication, and legal outcomes can vary based on individual facts. For legal guidance tailored to your situation, consult with a qualified tenant attorney.