Can My Landlord Raise My Rent California

In California, landlords have the authority to raise rents, but there are certain restrictions and regulations they must follow. For rent-controlled units, rent increases are typically limited to a specific percentage each year, and landlords must provide tenants with proper notice before implementing any rent hike. Rent increases for non-rent-controlled units are not subject to the same limits, but landlords must still adhere to state and local housing laws and provide tenants with reasonable notice of any rent increases. If a tenant believes their landlord has unfairly raised their rent, they can file a complaint with the local rent board or housing authority.

Rent Control Laws in California

Rent control laws are designed to protect tenants from excessive rent increases by placing limits on how much landlords can raise rent.

In California, rent control laws apply to cities and counties that have adopted them. As of 2023, the following cities and counties in California have rent control:

• Berkeley
• Beverly Hills
• Burbank
• Cotati
• Culver City
• Davis
• Daly City
• East Palo Alto
• El Cerrito
• Emeryville
• Fairfax
• Fountain Valley
• Hercules
• Huntington Beach
• Inglewood
• Los Angeles
• Mountain View
• Oakland
• Palm Springs
• Richmond
• Rohnert Park
• Sacramento
• Santa Monica
• South Pasadena
• West Hollywood

Rent control laws in California vary from city to city. In general, rent control laws limit rent increases to a certain percentage each year. For example, in Los Angeles, landlords are limited to raising rent by 3% each year.

Some rent control laws also have provisions that protect tenants from eviction. For example, in San Francisco, landlords must have a “just cause” to evict a tenant.

Rent control laws are controversial. Some people argue that rent control laws are necessary to protect tenants from excessive rent increases. Others argue that rent control laws discourage landlords from investing in their properties and can lead to a decrease in the supply of rental housing.

Annual Rent Increases

In California, landlords are allowed to raise rent once a year, on or after the anniversary date of the tenancy, subject to certain restrictions.

Notice Requirements

• 60-Day Notice: For rent increases of 10% or less, landlords must provide tenants with a 60-day written notice before the effective date of the increase.
• 90-Day Notice: For rent increases of more than 10%, landlords must provide tenants with a 90-day written notice before the effective date of the increase.

The notice must be in writing and delivered to the tenant in person, by mail, or by posting it in a conspicuous place on the premises.

Rent Control Laws

Some cities in California have rent control laws that limit the amount that landlords can raise rent. For example, San Francisco, Los Angeles, and Berkeley have rent control ordinances that limit annual rent increases to a certain percentage, typically between 2% and 5%.

Just Cause Eviction

In California, landlords can only evict tenants for just cause. Just cause reasons for eviction include:

• Nonpayment of rent
• Violation of the lease agreement
• Criminal activity
• Health and safety violations
• Owner move-in
• Removal from the rental market

Landlords cannot evict tenants in retaliation for exercising their rights, such as complaining about the condition of the rental unit or refusing to pay an illegal rent increase.

Rent Increases During a State of Emergency

During a state of emergency, such as the COVID-19 pandemic, some California cities and counties have enacted temporary rent freezes or limits on rent increases. These measures are designed to protect tenants from financial hardship during difficult times.

Tenant Rights and Resources

If you are a tenant in California, you have certain rights and resources available to you if your landlord raises your rent.

• Contact Your Local Rent Control Board: If you live in a city with rent control, you can contact the local rent control board to learn about your rights and options.
• File a Complaint with the California Department of Fair Housing and Employment (DFEH): You can file a complaint with the DFEH if you believe your landlord has violated your rights under state or federal law.
• Seek Legal Advice: If you are facing eviction or a significant rent increase, you should seek legal advice from a qualified attorney.

Important Points to Remember

• Landlords in California can raise rent once a year, on or after the anniversary date of the tenancy.
• Landlords must provide tenants with a 60-day notice for rent increases of 10% or less and a 90-day notice for rent increases of more than 10%.
• Some cities in California have rent control laws that limit the amount that landlords can raise rent.
• Landlords can only evict tenants for just cause.
• During a state of emergency, some California cities and counties have enacted temporary rent freezes or limits on rent increases.
• Tenants have certain rights and resources available to them if their landlord raises their rent.

Local Rent Control Laws

The following table provides an overview of rent control laws in some major California cities:

Just Cause Eviction: Reasons for Landlord Rent Increases in California

In California, landlords are permitted to raise rent for certain reasons deemed as “just cause.” These reasons must be specified in a written notice delivered to the tenant. The following is a list of circumstances considered “just cause” for rent increases in California:

• Non-Payment of Rent: If a tenant fails to pay rent on time, the landlord can raise rent to cover the cost of late payments.
• Violation of Lease Terms: If a tenant breaches the terms of their lease agreement, such as causing property damage or disrupting other tenants, the landlord can increase rent to offset the costs associated with the breach.
• Owner Move-In: A landlord may raise rent if they or a close family member intends to move into the rental unit.
• Capital Improvement: Landlords are allowed to raise rent to recover the costs of significant improvements made to the property, such as renovations or upgrades to common areas.
• Demolition or Conversion: In cases where a landlord plans to demolish or substantially remodel a property, they can increase rent to compensate for the loss of rental income during the renovation period.
• Rental Market Conditions: In areas with high rental demand, landlords may raise rent in line with prevailing market rates.
• Health and Safety Violations: If a rental unit is in violation of health or safety codes, the landlord can increase rent to cover the costs of bringing the property up to code.

Restrictions on Rent Increases in California

While landlords have the right to raise rent under certain circumstances, there are restrictions in place to protect tenants from excessive or unfair rent increases.

• Rent Control: Some cities in California, such as San Francisco and Los Angeles, have rent control ordinances that limit the amount by which landlords can raise rent each year.
• Notice Requirements: Landlords must provide tenants with written notice of any rent increase. The length of the notice period varies depending on the reason for the increase and the local rent control laws.
• Just Cause Eviction: In most cases, landlords cannot evict tenants without a valid “just cause” reason. This means that landlords cannot raise rent solely to force tenants to move out.

Tenant Protections Against Rent Increases

Tenants who receive a notice of rent increase have several options to protect their rights:

• Review the Notice: Tenants should carefully review the notice to ensure that the landlord has provided a valid reason for the increase and has complied with all legal requirements.
• Negotiate with the Landlord: In some cases, tenants may be able to negotiate a lower rent increase by communicating with their landlord. This is especially true if the tenant has been a reliable and responsible tenant.
• File a Complaint with the Local Rent Control Board: Tenants living in cities with rent control laws can file a complaint with the local rent control board if they believe that the rent increase is excessive or violates local ordinances.
• Seek Legal Advice: Tenants who are facing a rent increase and are unsure of their rights should consider seeking legal advice from a qualified tenant’s rights attorney.

Conclusion

Rent increases in California are governed by both state and local laws. Landlords can raise rent for specific “just cause” reasons, but they must follow certain procedures and provide tenants with proper notice. Tenants have several options to protect their rights and challenge unfair rent increases, including negotiating with the landlord, filing a complaint with the local rent control board, and seeking legal advice.

California Tenant Protection Act

The California Tenant Protection Act of 2019 (AB 1482) is a law that limits the amount that landlords can raise rent on certain types of housing in California. The law applies to residential properties that are not exempt from rent control. Rent control is a local ordinance that limits the rent that a landlord can charge for a residential property. Rent control ordinances are in effect in some cities and counties in California.

Rent Increases Under AB 1482

Under AB 1482, landlords cannot raise rent by more than 5% plus the percentage change in the Consumer Price Index (CPI) for the Los Angeles-Riverside-Orange County area. The CPI is a measure of inflation that is published by the Bureau of Labor Statistics. The maximum annual rent increase allowed under AB 1482 is 10%. This means that a landlord cannot raise the rent by more than 10% in a single year, even if the CPI has increased by more than 10%.

Properties Exempt from AB 1482

The following types of properties are exempt from AB 1482:

• Single-family homes and condominiums
• Duplexes where the owner occupies one of the units
• Properties that were built within the last 15 years
• Properties that are subject to a local rent control ordinance
• Properties that are subsidized by the government

Notice of Rent Increase

Landlords must give tenants at least 60 days’ written notice before raising the rent. The notice must include the following information:

• The date the rent increase will go into effect
• The amount of the rent increase
• The reason for the rent increase

Tenant Rights Under AB 1482

Tenants have the following rights under AB 1482:

• The right to receive a written notice of rent increase at least 60 days before the increase goes into effect
• The right to challenge the rent increase in court
• The right to withhold rent if the landlord fails to make necessary repairs to the property

Table of Rent Increase Limits

The following table shows the maximum annual rent increase allowed under AB 1482:

Thanks for sticking with me until the end, my friend! I know it can be a bit of a downer to talk about rent increases, but it’s important to be informed about your rights as a renter and what you can do to protect yourself. If you have any other questions about renter’s rights or need help finding resources, don’t hesitate to reach out to me again. I’m always here to lend a hand. And remember, knowledge is power, so keep on learning and staying informed about your rights. I’ll be back soon with more helpful info, so be sure to check back later. Take care!