A new California Court of Appeal decision could open the door for tenants to argue that unlawful rent increases amount to “receiving stolen property” under California’s theft laws.
Rent Increases
If a rental unit is not subject to local rent control or AB 1482, and the state’s anti-price gouging law has not been triggered, market conditions determine the frequency and amount of rent increases.
If a local rent control ordinance or AB 1482 applies, there is a limit on both frequency and amount. If the anti-price gouging law applies, there is limit on amount.
The procedure for increasing rent is generally the same and depends on the amount of the increase. For an increase in rent that is 10 percent or less in any 12-month period, the landlord must provide at least 30 days’ advance written notice to a month-to-month resident.
If a unit is exempt from rent control and the state’s anti-price gouging law has not been triggered, for an increase in rent that is more than 10 percent, the landlord must provide at least 90-days’ advance notice to a month-to-month resident.
Forms
Notice of Expiration of Lease And Non-Binding Proposal For Renewal – City of Santa Ana
Thirty-Day Notice of Change of Monthly Rent – City of Sacramento
Thirty-Day Notice of Change of Monthly Rent – City of Santa Ana
Thirty-Day Notice of Change of Monthly Rent (Properties Exempt from State Rent Control)
Thirty-Day Notice of Change of Monthly Rent (Properties Exempt from State Rent Control) (Spanish)
Thirty-Day Notice of Change of Monthly Rent (Properties Subject to AB 1482 Rent Caps)
Industry Insights
Anti-Price Gouging Laws – States of Emergency
CAA Reference Guide: Laws Affecting the Ability to Raise the Rent
City of Los Angeles Large Rent Increase Relocation Assistance Requirement (Non-RSO Units)
Month-to-Month Tenancies: Changing the Terms
Oakland’s Rent Control Law – The Rent Adjustment Program Ordinance (RAP)
Payment of Rent and Security Deposits: Cash and Electronic Funds Transfer
Rent Increases: 30- and 90-Day Notice Requirements
States of Emergency
In the News
A proposal to limit how rental housing providers use algorithmic pricing tools stalled in the Legislature on Aug. 29, following criticism from the rental housing industry.
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