1. Which Rental Properties Qualify for Rent Increase Limits?
The Tenant Protection Act (AB 1482) imposes rent limits on covered residential units. Civil Code §§ 1947.12 and 1946.2 set separate rules for rent increases and termination, so coverage under one provision should not be assumed under the other.
Check the Building'S Age and Housing Type
Housing with a certificate of occupancy issued within the preceding 15 years is generally exempt from § 1947.12. The window moves as buildings age, and the new-construction exemption has a special rule for mobilehomes. Renovating an older property does not automatically restart the clock. Certain affordable housing and qualifying owner-occupied duplexes also fall outside the state cap.
Review Ownership and Exemption Disclosures
A separately titled house or condominium may qualify for an exemption only when the statutory ownership and notice conditions are met. The owner generally cannot be a corporation, real estate investment trust, or limited liability company with a corporate member. For tenancies beginning or renewed on or after July 1, 2020, the required exemption language generally belongs in the rental agreement. Different disclosure requirements apply to older tenancies. Local tenant rights may impose additional limits. Check the applicable city or county ordinance before accepting an exemption claim.
2. How Can Tenants Verify a Rent Increase Notice?
First test the proposed amount against the lawful cap. Then check when and how the landlord served the notice. A valid delivery method cannot make an excessive increase lawful.
Compare the Increase with the 2026 Rent Caps
Civil Code § 1947.12 generally permits no more than 5% plus the applicable change in the cost of living, or 10%, whichever is lower, over 12 months. The calculation uses the lowest gross rent charged during the preceding 12 months, with statutory exclusions for qualifying concessions. Generally, landlords may increase rent in no more than two increments in that period while the same tenant remains.
For covered units, these limits apply to increases effective August 1, 2026, through July 31, 2027:
| Rental Property Location | Maximum Increase |
|---|---|
| Los Angeles and Orange Counties | 8.7% |
| Riverside and San Bernardino Counties | 8.1% |
| San Diego County | 8.2% |
| Alameda, Contra Costa, Marin, San Francisco, and San Mateo Counties | 8.8% |
| All other counties | 8.6% |
A local rent stabilization ordinance may set a lower limit. The figures above do not apply to every rental unit.
Check Service Dates and Lease Terms
For periodic residential tenancies, Civil Code § 827 generally requires 30 days' written notice when increases total 10% or less in 12 months, and 90 days when they exceed 10%. Mailing within California generally adds five days. An ordinary text or email alone does not satisfy the statute's prescribed service methods. The 90-day rule does not authorize an increase above an applicable rent cap. A fixed-term residential lease generally prevents a midterm increase unless its terms allow one. Compare the new effective date with the signed lease and previous notices.
3. Can a Landlord Refuse to Renew a Lease?
For a tenancy covered by Civil Code § 1946.2, the landlord needs a recognized reason to end it. An expiration date or a properly timed notice, by itself, does not establish just cause.
Determine When Just-Cause Protection Starts
Protection generally begins after 12 months of continuous lawful occupancy. If additional adults move in before an existing tenant reaches 24 months, coverage generally begins when all tenants have lived there for 12 months or one has lived there for 24 months. Property exemptions and local ordinances may change the result.
Separate Termination Notice from Termination Grounds
Civil Code § 1946.1 generally requires 60 days' written notice to end a periodic residential tenancy when the tenant has lived there for a year or more, or 30 days for shorter occupancy, subject to exceptions. These periods do not replace just-cause requirements or separate statutory notices for particular lease violations. Fixed-term leases require consideration of the agreement and applicable termination protections.
Examine the Stated Reason and Relocation Terms
At-fault grounds can include unpaid rent, a qualifying lease violation, or refusal to sign a lawful renewal offered on similar terms after a written request. No-fault grounds may include owner occupancy or substantial remodeling. For owner move-in, the intended occupant generally must move in within 90 days after the tenant leaves and occupy the unit as a primary residence for at least 12 consecutive months. Qualifying remodeling must require vacancy for at least 30 consecutive days and meet permit or hazardous-material standards. Cosmetic work is insufficient. A qualifying no-fault notice generally must offer one month's rent as relocation assistance or a final-month rent waiver. Direct payment is generally due within 15 calendar days after service. Defective grounds or notice requirements may support a wrongful eviction dispute.
4. Which Records Help Review a Rent or Renewal Dispute?
The useful evidence depends on the defect alleged. Rent calculations require payment history, an exemption claim requires property information, and a nonrenewal dispute may depend on occupancy dates or termination records.
Preserve the Documents That Resolve the Issue
Keep a record of:
- Signed leases, renewals, and changes to rental terms
- Rent receipts and notices from the preceding 12 months
- Current notices, envelopes, and proof of delivery
- Ownership information and exemption disclosures
- Written explanations for nonrenewal or proposed remodeling
Respond without Missing a Court Deadline
Ask for clarification in writing if the numbers or stated grounds do not match the records. Keep the landlord's reply. Contesting a notice does not automatically suspend rent obligations or stop an unlawful detainer case. An objection to the landlord is not a substitute for responding to court papers.
5. Frequently Asked Questions
Can a New Owner Raise Rent Immediately After Buying the Property?
A sale does not reset the existing tenant's 12-month rent history or cancel the lease. The buyer ordinarily assumes the ongoing tenancy. However, a new ownership structure can affect a claimed exemption, so review earlier increases and the new owner's disclosures before paying a higher amount.
Can Rent Increase During a Declared Emergency?
Penal Code § 396 generally bars increases exceeding 10% during qualifying emergency protection periods, subject to exceptions and extensions. In 2026, its housing provision generally covers rentals with initial lease terms of one year or less, although specific emergency orders can expand coverage. Starting January 1, 2027, SB 1365 extends the statutory housing rule regardless of initial lease length.
6. When Should Tenants Seek Legal Review?
A landlord's exemption claim, an increase above the applicable limit, or a termination notice based on owner occupancy or remodeling may require closer review of the records. SJKP LLP's attorneys can assess the applicable statute, local ordinance, and notice defects. Tenants facing a landlord tenant dispute can request advice before accepting changed terms, vacating, or missing a court deadline.
02 Nov, 2026
