Quick Facts | Answer |
Reason Needed | No |
Max / Limit | 5% + CPI or 10%, Whichever is Lower |
Notice Requirement | 30 or 90 Days |
Does California Have Rent Control?
Yes, California has rent control at a state level limiting rent increases. Additionally, many cities in California have their own rent control laws.
Most major cities in California have rent control ordinances that add additional protections to tenants beyond the state laws including:
Some local jurisdictions in California still have pandemic-related moratoriums in effect that prohibit any amount of rent increase for housing that is not exempt from rent control, such as West Hollywood and Los Angeles. Check your local laws to determine if any emergency declaration applies to your area.
The following rental units are exempt from state rent control laws:
- Housing restricted in use for low to moderate-income individuals
- Some school housing
- Housing built within the past 15 years, excluding mobile homes
- A single-family residence not owned by an LLC in which one of the members is a corporation, REIT, or corporation, and in which the landlord has provided written notice of the exemption
- A duplex where the owner resides in one of the units as their primary residence
Occasionally, a city’s rent stabilization ordinance conflicts with the state rent control laws. If a city’s rent control law conflicts with state law, the city law will prevail if it was enacted prior to September 1, 2019 and/or the law offers greater protection to tenants.
Some cities provide resources to understand local rent control and determine if your residence is protected by rent control. For example, if you live in Los Angeles, you can check to see if your home is protected by city rent control laws. Enter your address in the city’s parcel map and look under the Housing tab.
How Much Can a Landlord Raise Rent By in California?
California law limits rent increases to 5% plus the annual rate of inflation or 10%, whichever is lower.
The rate of inflation is otherwise known as the Consumer Price Index (CPI). State law uses the regional CPI to calculate rent increases if you are located in the following counties:
- Los Angeles and Orange – Los Angeles CPI
- Riverside and San Bernardino – Riverside Area CPI
- San Diego – San Diego CPI
- Alameda, Contra Costa, Marin, San Francisco, San Mateo – San Francisco CPI
If you are not located in one of these counties, the California CPI published by the Department of Industrial Relations is used for calculating the maximum rent increase. You can find this information on their chart under the column for California.
California state rent control laws only apply to a rent increase for an existing tenant, so landlords can raise the rent by any amount when entering into a new lease agreement where no previous tenants remain. Furthermore, state law currently prevents local jurisdictions from enacting “vacancy control” which is a limit on the maximum allowable rent increase for new tenants.
When Can a Landlord Raise Rent in California?
In California, landlords can raise rent for any reason when proper notice is given unless the increase is discriminatory or retaliatory.
When Can’t a Landlord Raise Rent in California?
In California, landlords cannot raise rent during the middle of a lease’s fixed term, for certain discriminatory reasons (like race or age) or for certain retaliatory reasons (such as in response to a tenant complaining about bed bugs).
The Federal Fair Housing Act prohibits discrimination due to:
- Age
- Race
- Gender (including gender identity)
- Sexual orientation
- Religion
- Nationality or origin
- Familial status
- Disability
In addition to the characteristics above, California’s Unruh Civil Rights Act also prohibits discrimination due to:
- Medical condition
- Primary language
- Immigration status
- Physical appearance
- Source of income
- Veteran or military status
California law prevents landlords from increasing rent in retaliation. An action is considered retaliatory if it occurs within 180 days of a tenant action. Rent increases are considered retaliatory if in response to a tenant:
- Filing a complaint with the appropriate agency regarding the property’s health or safety
- Complaining to the landlord regarding the habitability of the property
- Joining or organizing a tenants’ group or union
- Exercising their right as a tenant under the law
How Much Notice is Needed to Raise Rent in California?
Landlords must typically give 30 days’ notice when increasing rent. If the landlord proposes to raise the rent by more than 10%, they must give 90 days’ notice.
Landlords in California cannot increase rent during a lease term unless the lease agreement specifically allows rent increases.
How Often Can Rent Be Increased in California?
By state law, landlords in California can only increase the rent twice every 12 months and as long as they provide sufficient notice and don’t do so during the lease term. If the rent is increased twice within 12 months, the total amount of rent increase cannot exceed the annual limit.
Some city rent control ordinances have different increments for increasing rent, like Oakland and East Palo Alto, which only permit one rent increase per year unless the unit is exempt from rent control.
Sources
- 1 CA Civ Code § 1947.12
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Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income…or subject to an agreement that provides housing subsidies for affordable housing…
Source Link - 2 CA Civ Code § 1947.12
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Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
Source Link - 3 CA Civ Code § 1947.12
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Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome.
Source Link - 4 CA Civ Code § 1947.12
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Residential real property that is alienable separate from the title…The owner is not any of the following…real estate investment trust…corporation…limited liability company in which at least one member is a corporation…tenants have been provided written notice…
Source Link - 5 CA Civ Code § 1947.12
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A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence…
Source Link - 6 CA Civ Code § 1947.12
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…an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower…
Source Link - 7 CA Civ Code § 1947.12
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For a new tenancy in which no tenant from the prior tenancy remains in lawful possession of the residential real property, the owner may establish the initial rental rate not subject to subdivision (a)…
Source Link - 8 CA Civ Code § 51
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All persons within the jurisdiction of this state are free and equal and no matter what their…medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status…
Source Link - 9 CA Civ Code § 1942.5
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…the lessor may not recover possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days…
Source Link - 10 CA Civ Code § 827
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If the proposed rent increase for that tenant is 10 percent or less of the rental amount …the notice shall be delivered at least 30 days before the effective date of the increase.
Source Link - 11 CA Civ Code § 827
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If the proposed rent increase for that tenant is greater than 10 percent of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase…the notice shall be delivered at least 90 days before the effective date of the increase…
Source Link - 12 CA Civ Code § 1947.12
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If the same tenant remains in occupancy of a unit of residential real property over any 12-month period, the gross rental rate for the unit of residential real property shall not be increased in more than two increments over that 12-month period…
Source Link - 13 Oakland Municipal Code § 8.22.070
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…an Owner may increase the rent on a covered unit occupied continuously by the same tenant only once in a 12-month period.
Source Link - 14 Eat Palo Alto Municipal Code § 14.04.100
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No more than one rent increase per twelve-month period may be imposed on a tenancy in a specific rental unit pursuant to this section.
Source Link