San Luis Obispo’s renters don’t know their rights, according to feedback submitted to city council. That’s why the council held a special session to discuss rights and protections for the city’s 62% of the population who rent.
The session, held on Oct. 28, included a portion on the Tenant Protection Act and its implications for renters in SLO. Council also discussed several items related to renter protections in the state and safety complaints, amongst other items. The study session was led by Teresa McClish, Housing Policy and Programs Manager, and David Amini, Housing Coordinator.
“Renters, from seniors to students, are struggling,” McClish said.
Several times, the Tenant Protection Act was referred to for how renters can ensure their rights are being upheld. This act, passed in 2019 and enacted in 2020, has two main components: rent stabilization and just cause for evictions.
“Staff estimates that less than 36% of the city’s total housing units may be subject to the provisions of the Tenant Protection Act,” Amini said.
Feedback submitted to city council showed that renters in SLO were unaware of this act and what their rights were. One of the goals of this study session was to further educate renters on their rights and what they can do to ensure their own livability in SLO, and educate landlords on what protections they have in addition to what protections their renters are entitled to.
“Renters are often fearful of retaliation and evictions, and do not make complaints about unit conditions,” McClish said.
The first component of the Tenant Protection Act, rent stabilization, mainly discussed rent increases. According to the presentation at the study session, landlords have specific limitations on when they can increase the rent under this act.
Landlords cannot increase rent by more than 10% under any 12-month period, or a 5% plus change in the cost of living determined by the Consumer Price Index. Landlords also cannot increase rent more than twice in a single year after 12 months of tenancy.
When a unit becomes vacant, the landlord can then set rent prices for a new tenant at the market rate or any other amount.
In the same discussion, the council also discussed limits on security deposits and application screening fees.
“State law limits application screening fees for prospective rental tenants to no more than $30 plus adjustments per the applicable consumer price index. For 2025, that brings a maximum allowable screening fee to $64.50 per applicant,” Amini said.
Security deposits also have limits — there are provisions for when security deposit fees can be increased, and certain leases prohibit these deposits from changing from the initial agreed amount. In San Luis Obispo, the maximum security deposits are either one month’s rent or, in the case of individual landlords who own up to two residential properties with less than four total units, two month’s rent.
The second component of the Tenant Protection Act that was covered in the council’s study session was just cause for evictions.
“Tenants in covered units who have lived in a residential unit for 12 months or more cannot be evicted without just cause stated in a written notice to vacate,” Amini said.
There are two types of just cause for evictions in California under this act: at-fault and no-fault just cause. Tenants who have “continuously and lawfully occupied the property for 12 months or more” must be given a “statement of cause in any notice to terminate a tenancy” according to the California Tenants Guide.
According to the California Tenants Guide, at-fault just cause covers cases where the tenant violates the rental agreement in any way or fails to pay their rent. In other words, if the tenant’s behavior causes the eviction, it is at-fault just cause.
No-fault just cause covers cases where the landlord or government is terminating the lease on their terms, assuming the tenant has displayed good behavior. Landlords relying on no-fault just cause to evict the tenant must provide relocation assistance to the tenant, in the form of one month’s rent.
Once the cause is determined, there are limitations on how a landlord can evict a tenant. Notice must be provided, but the notification deadline differs depending on the length of the tenancy.
Landlords must notify tenants about their rights under the Tenant Protection Act. For leases that are in effect after July 1, 2020, the notice must be a part of the lease or provided to the tenant with an acknowledging signature.
The Tenant Protection Act’s just cause protections apply across the state, and “cover rental units where the tenant has resided at the unit for more than 12 months or 24 months if an additional adult tenant was added to the rental agreement less than 12 months ago,” according to the California Tenants Guide.
Certain rental units are not covered by the Tenant Protection Act if local ordinances provide stronger protections for the tenant and were adopted on or amended after September 1, 2019.
Typically in an eviction notice, a landlord must provide 30-day, 60-day, or in special cases, a 90-day notice to the tenant. 30-day notices are for tenants who have resided in the unit for less than one year if they are in a month-to-month lease agreement. The 60-day notices are for tenants who have rented for one year or longer in the unit.
In the study session, local “just cause” ordinances were discussed for future considerations. These ordinances would mirror those of other cities in California who offer more protections than the Tenant Protection Act.
“Local ordinances can provide more clear and robust criteria for evictions. They can also make regulations locally enforceable under the city municipal code,” Amini said.
Other agenda items discussed in the study session were habitability requirements for rental units and the enforcement of renter protections under the Tenant Protection Act and current San Luis Obispo ordinances.
More information can be found at San Luis Obispo’s city website.