California Rent Increase Notice
In California a landlord must give at least 30 days written notice to raise the rent 10% or less, and 90 days if the increase is more than 10%. The AB 1482 cap limits yearly increases on covered units to 5% plus inflation, up to 10%. Attorney review available.
Introduction
A rent increase notice is a written notice a California landlord gives a tenant to raise the rent on a residential tenancy, stating the new monthly rent and the date it takes effect. On a month-to-month tenancy the increase takes effect only after the required notice runs: California requires at least 30 days written notice when the increase, by itself or combined with other increases in the previous 12 months, is 10 percent or less, and at least 90 days when the increase is more than 10 percent (Cal. Civ. Code Section 827(b)). For units covered by the Tenant Protection Act, the increase itself is capped: an owner may not raise the gross rent more than 5 percent plus the regional change in the cost of living, or 10 percent, whichever is lower, in any 12-month period (Cal. Civ. Code Section 1947.12, AB 1482). Some units are exempt, including housing with a certificate of occupancy issued in the last 15 years and single-family homes not owned by a corporation when the required notice is given. Rent on a fixed-term lease cannot be raised mid-term unless the lease allows it. Notice may be delivered personally or served by mail, and mailing adds 5 calendar days to the notice period when the address and place of mailing are both in California (Code of Civil Procedure Section 1013). Local rent-control ordinances in cities such as Los Angeles, San Francisco, and Oakland may set stricter caps and extra rules. DocDraft builds your California rent increase notice from your facts, with attorney review available before you serve it.
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Key Things to Know
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A rent increase notice is a written notice a California landlord gives a tenant to raise the rent on a residential tenancy, stating the new monthly rent and the date the increase takes effect.
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On a month-to-month tenancy, the landlord must give at least 30 days written notice if the increase is 10 percent or less, and at least 90 days if it is more than 10 percent, measured against the rent charged at any time in the previous 12 months (Cal. Civ. Code Section 827(b)).
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For units covered by the Tenant Protection Act, the increase itself is capped at 5 percent plus the regional change in the cost of living, or 10 percent, whichever is lower, in any 12-month period (Cal. Civ. Code Section 1947.12, AB 1482).
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Some units are exempt from that cap, including housing with a certificate of occupancy issued in the last 15 years and single-family homes not owned by a corporation or real estate investment trust when the landlord gives the required exemption notice (Cal. Civ. Code Section 1947.12(d)).
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Rent on a fixed-term lease cannot be raised in the middle of the term unless the lease specifically allows it; a rent increase notice applies to a month-to-month tenancy or at lease renewal.
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Notice may be delivered to the tenant personally or served by mail; when served by mail with the address and place of mailing both in California, 5 calendar days are added to the notice period (Cal. Civ. Code Section 827(b); Code of Civil Procedure Section 1013).
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Local rent-control ordinances in cities such as Los Angeles, San Francisco, and Oakland may cap the amount more strictly and add their own notice rules, and a notice that gives less time than the law requires does not take effect until a proper notice period runs.
Key decisions before you file
Before you file a Rent Increase Notice in California, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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California Requirements for Rent Increase Notice
30-Day and 90-Day Notice Tiers
On a month-to-month tenancy a California landlord must give at least 30 days written notice if the increase is 10 percent or less, and at least 90 days if it is more than 10 percent, measured against the rent charged at any time in the previous 12 months (Cal. Civ. Code Section 827(b)). The effective date must give the tenant at least that many days.
Tenant Protection Act Rent Cap
For units covered by the Tenant Protection Act, an owner may not increase the gross rent more than 5 percent plus the regional change in the cost of living, or 10 percent, whichever is lower, over any 12-month period (Cal. Civ. Code Section 1947.12, AB 1482). The new amount stated in the notice must stay within this cap.
Exemptions From the Cap
Some units are exempt from the statewide cap, including housing with a certificate of occupancy issued within the last 15 years and single-family homes not owned by a corporation or real estate investment trust when the landlord gives the required exemption notice (Cal. Civ. Code Section 1947.12(d)). An exempt unit is still subject to the notice-period rules of Section 827(b).
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. A rent increase notice applies to a month-to-month tenancy or takes effect when a fixed-term lease renews.
Delivery and Mail Service
The landlord may deliver the notice to the tenant personally, or serve it by mail under Code of Civil Procedure Section 1013 (Cal. Civ. Code Section 827(b)). When the notice is mailed and both the tenant's address and the place of mailing are in California, 5 calendar days are added to the notice period.
Counting the Effective Date
Count the required 30 or 90 days from when the notice is served, and add 5 calendar days when it is served by mail within California (Cal. Civ. Code Section 827(b); Code of Civil Procedure Section 1013). The increase takes effect only on or after the first day past that period stated in the notice.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming it gives at least the notice Section 827(b) requires. For covered units the notice can state that the increase is within the Tenant Protection Act cap (Cal. Civ. Code Section 1947.12).
Local Rent-Control Ordinances May Apply
Local rent-control ordinances in cities such as Los Angeles, San Francisco, and Oakland may cap the amount of an increase more strictly and add their own notice or registration rules, and the Tenant Protection Act does not preempt a more protective local ordinance (Cal. Civ. Code Section 1947.12). A notice that gives less time than the law requires does not take effect until a proper notice period runs.