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FACTSHEETS - Rent Increases
How Often Can the Rent be Raised?
If your landlord wants to increase your rent, he or she must give you proper advance notice. The length of notice must be at least as long as the period of time between your rent payments. For example, in a month-to-month tenancy, you must be given at least 30 days notice before a rent increase can take effect, unless you've agreed to a shorter period in your rental agreement. If you pay rent every week, a seven-day written notice is required. A notice of rent increase must always be at least seven days.Retaliatory Evictions
Sometimes a landlord may try to evict a tenant because he or she has exercised a right (for example, using the repair and deduct remedy) or complained of a problem with the rental unit. This is called a retaliatory eviction. The law protects you from this action.In general, the law will protect you from eviction, increases in rent, or other actions to punish you if you can prove that your landlord is retaliating against (punishing) you for lawfully exercising any tenant right, such as the following:
- Using, or telling the landlord you will use, the repair and deduct remedy.
- Complaining about the condition of the unit to the appropriate public agency (after having given the landlord notice) or to the landlord.
- Filing a lawsuit or beginning arbitration about the condition of the unit.
- Causing an appropriate public agency to inspect the unit or to issue a citation to the landlord.
If you have exercised any rights listed above, the protection from retaliatory eviction lasts only for a period of six months. In addition, you can use the defense of retaliatory eviction in a lawsuit only if you have paid all your rent at the time you use the defense, and only if you have not used the defense within the last twelve months against the same landlord.If you feel you've been treated unfairly because of action you've properly taken against your landlord, talk with an attorney or legal aid society. In some cases, the period of protection may be extended. Also, an attorney may be able to advise you of other defenses.
Rent Control
Although California has no state-wide rent control law, some cities and counties have local rent control ordinances that limit or prohibit rent increases. Some specify procedures a landlord must follow before increasing a tenant's rent. Each community's ordinance is different.For example, some cities have boards that have the power to adjust rents. Other cities' ordinances allow a certain percentage increase in rent each year. Some cities have a "just cause" eviction provision, under which the landlord must have a valid reason for terminating a month-to-month tenancy. Other cities don't have this requirement. Some make it more difficult for owners to convert rentals into condominiums.
Find out if you live in a city with rent control. Contact your local housing officials or rent control board for information. A rent control ordinance may change the landlord/tenant relationship in other important ways. You can find out about the rent control ordinance in your area (if there is one) at your local library, or by requesting a copy of your local ordinance from the city or county clerk's office.
Disclaimer of Liability:
The information contained in this material is for the sole purpose of providing general information only, and must not be construed as legal advice, or take the place of competent legal counsel. Do not rely on these materials without consulting an attorney concerning your situation. The dissemination of this information does not create an attorney-client relationship and does not seek to represent you based upon your visit or review of this information.
Every effort has been made to ensure the information contained in the material is current. However, the law does change and the general information contained within may become dated. You should seek the advice of legal counsel for specific situations and advice to the "then existing" status of the law.