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.
Not Knowing A Units Just Cause Status Can Be Costly
Failing to understand whether a rental unit is subject to Just Cause for Eviction protections can lead to serious legal and financial consequences for owners and managers. Attempting to evict a tenant without proper cause in regulated areas can result in lawsuits, hefty penalties, and damage to a landlord’s reputation. As tenant protection laws expand and evolve, staying compliant becomes more complex — and ignorance of the law offers no protection. Uncertainty around a unit’s status can also delay or derail property sales, as buyers seek assurance that all tenant issues are resolved. For landlords, this makes legal guidance not just helpful, but essential to avoiding costly mistakes and safeguarding their investments.
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.
Rent Control and Just Cause Ordinance Applicability
Santa Ana, California has implemented a rent control and just cause for eviction ordinance which can be found here.
Definition of Rental Unit
Santa Ana defined “Rental Unit” as “any building, structure, or part thereof, or any Mobilehome and Mobilehome Spaces in a Mobilehome Park, offered or available for rent for residential use or occupancy in the City, including the land appurtenant thereto, together with all Housing Services in connection with the use or occupancy thereof, including common areas and recreational facilities held out for use by the Tenant, which is not exempt pursuant to the exemptions set forth in this Article.”
Rent Control Coverage
In Santa Ana the rent control measure covers rental units except for the following:
- Any Residential Real Property that has a certificate of occupancy issued after February 1, 1995.
- Any Residential Real Property that is exempt under Costa Hawkins.
- Mobilehomes where: (i) the mobilehome space is subject to a long term (more than one (1) year) Rental Agreement (California Civil Code section 798.17); (2) any newly constructed Mobilehome Space first offered for rent on or after January 1, 1990 (California Civil Code section 798.45); (3) Mobilehomes not being used as a person’s primary residence that are not being leased to someone else (California Civil Code section 798.21); and, (4) any other provisions of the Mobilehome Residency Law addressing exemptions
- Low income housing that meets specific criteria.
- Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
- Housing that has been issued a certificate of occupancy within the previous fifteen (15) years.
- Single family / single unit residences that are not owned by: (i) a real estate investment trust, as defined in section 856 of the Internal Revenue Code; (2) a corporation; (3) a limited liability company in which at least one member is a corporation AND where the tenants have been provided specifically required notice (usually in the lease).
- A duplex or other two unit property in which the Owner occupied one (1) 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.
Just Cause Coverage
The just cause ordinance covers all units that are rented for 30 days or more except:
- Transient and tourist hotel occupancy.
- Nonprofit hospitals, religious facilities, extended care facilities, licensed residential care facilities for the elderly, or licensed adult residential facilities.
- Educational institution dormitories.
- Roommates of an owner in the same residence.
- Single-family Owner-occupied residences, including a residence in which the Owner-occupant rents or leases no more than two (2) units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
- A duplex or other two unit property in which the Owner occupied one (1) 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.
- Housing with a certificate of occupancy issued within 15 years.
- Separately alienable real property that is not owed by a REIT, corporation, or limited liability corporation where a member is a corporation.
- Government owned, managed, or certain other types of subsidized housing.