California Statewide Rule
California Rent Increase Notice Law (Civ. Code § 827; AB 1482)
Key Facts
- Notice for increase ≤ 10%
- 30 days (Civ. Code § 827)
- Notice for increase > 10%
- 90 days (Civ. Code § 827)
- AB 1482 annual cap
- 5% + CPI, max 10% (Civ. Code § 1947.12)
- Max increases per 12 months
- 2 (covered units)
- Applies to
- Month-to-month and periodic tenancies
Summary
California requires written notice before raising a month-to-month tenant's rent. Under Civ. Code § 827, increases of 10% or less in 12 months need 30 days' notice; increases above 10% need 90 days' notice. AB 1482 separately caps yearly increases on covered units.
If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 30 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.
Full Breakdown
Under Civil Code § 827, a landlord changing the rent on a month-to-month tenancy must serve written notice. If the increase, alone or combined with prior increases in 12 months, is 10% or less, "the notice shall be delivered at least 30 days before the effective date of the increase." If it exceeds 10%, the notice must be "at least 90 days" ahead. Separately, the Tenant Protection Act (Civ. Code § 1947.12, AB 1482) provides an owner "shall not, over the course of any 12-month period, increase the gross rental rate... more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower" for covered units, with no more than two increases yearly.
Violations & Penalties
An increase served without the proper 30- or 90-day notice is ineffective until valid notice runs. Rent charged above the AB 1482 cap is void as to the excess; tenants may recover overpayments and sometimes damages and attorney's fees.
Frequently Asked Questions
How much notice must a California landlord give before raising rent?
How much can a landlord raise rent in California each year?
Are all California rentals subject to the AB 1482 rent cap?
Sources
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