There are several exemptions to the application of the Tenant Protection Act (TPA) of 2019. The exemptions can be generally 
categorized as tenancy, property, or local ordinance based exemptions and are explained in general in the boxes below on this page.
As a landlord, if your tenant and property fall into one of the exemptions stated in Civil Code (CC) §1947.12 or Civil Code (CC) §1946.2 and there is not a local ordinance that applies, then the notice provisions of the Tenant Protection Act will not apply to you. However, please read carefully, as there is one particular situation where even if you fall into the exempt category you still must provide proper notice in the rental agreements that the property is exempt.
Please note: If you determine that you fall into one of the exempt categories below, as a landlord you still may need to give proper notice to a tenant for an eviction or to raise rent. Please consult with an attorney and/or do more research at the law library.
Eviction protection does NOT mean that a tenant can never be evicted. In general, eviction protection means that the landlord can evict if a tenant fits under any of the just-cause categories and proper notice is given. Note that under the just-cause categories a tenant can be evicted for at-fault reasons (such as not paying rent, causing a nuisance, or violating the law or a term of the lease), or can be evicted for no-fault if the landlord needs the property for a specific purpose that is covered in the no-fault category. If the tenant is paying rent, following the law, and following all of the lease provisions, they can still be evicted with proper notice and process if the landlord needs the property for specific no-fault situations. See Just Cause Evictions tab for more information.
If you are a landlord and want to increase rent:
First, check local City and County ordinances to see if they have enacted rent protection laws that apply to your situation. See Step 1: Local Ordinance box above. If a local ordinance is in place and it is more protective, you must follow it. If there is not a local ordinance, continue on to the next steps.
Second, determine if your property is exempt from the Tenant Protection Act rent cap.
The Tenant Protection Act does not apply to the following types of housing or circumstances:
1. Affordable housing or housing subject to an agreement that provides housing subsidies for affordable housing as defined in Health & Safety Code §50093, or comparable federal statutes.
2. Newer housing; issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome.
3. Residential real property with separate title for each dwelling unit (e.g.: single-family home on a single lot, condominium, mobilehome, residential flat in a commercial building), provided that both of the following apply:
4. A duplex (property containing two separate dwelling units within a single structure) where the owner occupied one of the units as their principal place of residence at the beginning of the tenancy and continues to occupy it and neither is an accessory dwelling unit or a junior accessory dwelling unit.
5. Dormitories constructed and maintained in connection with any higher education institution that is used and occupied by students attending the institution. (Note: There is a similar exemption governing eviction protections, but it is broader than this one for rent increases).
Third, determine the timing and amount of the rent increase. If the lease is periodic (as in month-to-month) AND if unit is subject to the Tenant Protection Act, the Landlord may not increase the rent by more than the cap, based on the rent in the last 12 months (look backward) in a rolling 12-month period (looking forward), and may not increase the rent more than twice within that 12 month period.
Next: If you determine that the property type and tenant is not covered under a local ordinance and is one of the property categories listed above (it is covered by the Tenant Protection Act), move on to the Rent Increases tab.
Landlords whose property is exempt as a single family home on a single lot, a condominium, a residential flat in a commercial building, or a mobilehome, and which is not owned by a real estate investment trust, a corporation, or LLC must also give the following notice to meet all the exemption requirements.
“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.”
For tenancies existing prior to July 1, 2020, or July 1, 2022 for mobilehomes, landlords may but are not required to provide this notice in a rental agreement. For tenancies commenced or renewed on or after July 1, 2020, or July 1, 2022 for lease of mobilehome, the notice must be provided in the rental agreement. Civ. Code §1947.12 (d).
Pursuant to Civil Code § 1946.2(e)(9), housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code § 50093, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of as defined in Health and Safety Code § 50093 or comparable federal statutes are exempt from the Tenant Protection Act of 2019.
For notice requirements related to families of very low, low or moderate income as defined in Health and Safety Code § 50093 please see information contained in the HUD Occupancy Handbook 8-1 6/07 Chapter 8: Termination.
If you are a landlord and want to evict a tenant:
Step One: Is there a local ordinance that is more protective of the tenant? (see Local Ordinance box above)
If there is a local ordinance that governs, you must follow it. If there is not a local ordinance, continue on to step 2 and 3 to determine if the State Tenant Protection Act eviction protections apply.
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Occupancy:
Has the tenant continuously and lawfully occupied the property for 12 or more months?
If there is more than one adult tenant, have all tenants continually and lawfully occupied the property for 12 or more months, or at least one tenant continuously and lawfully occupied the property for 24 months or more?
If the tenant has NOT lawfully and continuously occupied the residential real property for 12 months or more, then the Tenant Protection Act of 2019 does not apply. If an adult tenant is added to the lease before the existing tenant has continuously and lawfully occupied the property for 24 months, the Tenant Protection Act only applies if either, all tenants have continuously and lawfully occupied the property for 12 or more months or if one or more tenants have continuously and lawfully occupied the property for 24 months or more. Civil Code §1946.2(a).
If the tenant(s) does not meet the occupancy requirement, they are not covered by the Tenant Protection Act. This means that as a landlord you do not have to have "just cause" (see Just Cause Evictions tab) to evict the tenant(s). If the tenant(s) meets the occupancy requirement and the type of property is not listed in the exemptions below, then the landlord must have "just cause" (see Just Cause Evictions tab) and provide proper notice (see Notice tab).
All units in California have eviction protection, except the following:
Types of Residential Properties & Circumstances
1. Affordable housing or housing subject to an agreement that provides housing subsidies for affordable housing as defined in Health & Safety Code § 50093, or comparable federal statutes.
2. Newer housing; issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome.
3. Residential real property with separate title for each dwelling unit (e.g.: single-family home on a single lot, condominium, mobilehome, residential flat in a commercial building), provided that both of the following apply:
4. A duplex (property containing two separate dwelling units within a single structure) where the owner occupied one of the units as their principal place of residence at the beginning of the tenancy and continues to occupy it and neither is an accessory dwelling unit or a junior accessory dwelling unit.
7. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (Note: There is a similar exemption governing rent controls, but it is narrower than this one for evictions.)
5. Transient and tourist hotel occupancy as defined in Civil Code § 1940(b).
6. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, or licensed residential care facility for the elderly, as defined in Health & Safety Code §1569.2, or an adult residential facility as defined in Title 22, Division 6, Chapter 6 of the State Dept. of Social Services Manual of Policies & Procedures.
7. Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school. (Note: There is a similar exemption in the law governing rent controls, but that one is narrower than this one for evictions.)
8. Housing accommodations where the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.
9. A residence where the owner-occupant rents or leases no more than two units or bedrooms, including but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
10. In addition to the above exemptions, the Tenant Protection Act does not preempt local just cause ordinances, depending on when they were adopted.
If the type of property or circumstance is listed above, then the Tenant Protection Act does not apply. This means that as a landlord you do not have to have "just cause" (see Just Cause Evictions tab) to evict the tenant(s).
Next: If you determine that the tenant meets the occupancy requirements AND the property type is not one of the categories listed above, move on to the Just Cause Evictions tab.