Why is getting the rent control status of your unit correct so important?
Navigating the world of rental property management comes with a maze of legal responsibilities—and one of the most critical factors to understand is whether your property is subject to rent control. For landlords, this isn’t just a legal technicality. Rent control can significantly impact how much you can charge for rent, when and how you can increase it, and even your ability to evict tenants. Failing to understand your property’s rent control status can lead to costly legal missteps, compliance issues, and potential tenant disputes.
Why Rent Control Status Matters in Automated Legal Workflows
Joiner’s real estate management platform streamlines critical landlord functions—automating everything from rent increase notices and notices of entry to cure-or-quit and pay-or-quit notices. Each of these documents is generated with built-in legal disclosures tailored to your property’s specific requirements. One key factor that shapes these legal templates? Rent control status. Whether or not a unit is subject to rent control directly impacts what language and requirements must be included in the notices you serve. That’s why accurately identifying rent control status isn’t just important—it’s essential for compliance and avoiding legal risk.
Disclaimer & Legal Guidance
This post is designed to help you assess whether your rental unit falls under rent control by summarizing key aspects of applicable laws. However, it is not a substitute for legal advice. Because rent control regulations vary widely by city and sometimes county —and because a unit not covered by a local ordinance may still fall under California’s statewide rent control and just cause eviction laws (see this post) —it’s important to consult the relevant local statutes or seek advice from a qualified attorney to make a definitive determination.Joiner partners with BrightWork Law PC, a firm known for delivering efficient, cost-effective legal counsel tailored to the needs of property owners and managers across California. If you are not sure about the status of your unit we recommend that you contact BrightWork or any other law firm.
Rental Units Covered by Rent Control In Milpitas, California
Milpitas, California implemented a rent control and just cause for eviction ordinance which can be found here.
The Milpitas ordinance applies to all residential units except:
- Dormitories constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.
- Housing that has been issued a certificate of occupancy within the previous 15 years.
- Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
- The owner is not any of the following:
- A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
- A corporation.
- A limited liability company in which at least one member is a corporation.
- And the tenants have been issued written notice that the property is exempt from the ordinance in the form required.
- The owner is not any of the following:
- A duplex in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy,