How to Legally Raise Rent in California Without Getting Burned

Raising the rent on a rental property seems simple—send a letter, wait 30 days, and you’re done. Right?  Not exactly.  In California, even a small misstep when increasing rent can result in delays, disputes, or even having to refund money. One North County San Diego landlord learned this lesson the hard way.

A Real Example: When 30 Days Wasn’t Enough

Lisa, a rental property owner in Oceanside, had a long-term tenant who’d been paying below market rent for nearly two years. Wanting to stay competitive with rising costs and market rates, Lisa decided to raise the rent. She carefully wrote a notice, gave the tenant 30 days, and expected everything to go smoothly.  But her increase was over 10%. Under California law, that meant she actually needed to give 90 days’ notice not 30.  The tenant didn’t say anything at first. But when the moveout day came, they refused to pay the higher rent, and Lisa was legally required to refund the difference. On top of that, she had to restart the notice period, which delayed her plans and affected her cash flow.  It was a costly mistake for something that seemed so routine.

The Rule: 30 vs. 90 Days for Rent Increases

California Civil Code requires landlords to give written notice before raising rent but the length of that notice depends on the size of the increase.

• If the increase is 10% or less (based on the lowest rent charged during the last 12 months), the landlord must give at least 30 days’ notice.
• If the increase is more than 10%whether in one jump or through multiple increases within a 12month period the landlord must provide at least 90 days’ notice.

This rule applies regardless of how the increase is structured. For example:

• January: 5% increase
• June: 6% increase

Even though neither increase individually exceeds 10%, the total cumulative increase is 11% over 12 months. That means the second increase requires 90-day notice.

Don’t Forget: Add Time for Mailing  If you’re delivering the rent increase notice by mail, California law requires you to add five additional calendar days to the notice period. That means:

• A 30day notice becomes 35 days
• A 90day notice becomes 95 days

Failing to account for this delay can invalidate your notice even if every other detail is correct.

What Should a Valid Rent Increase Notice Include?

The rent increase notice must be in writing and must clearly state:

• The amount of the rent increase
• The date it becomes effective
• The name and contact info for the landlord or agent
• The address of the rental unit
• If applicable, a breakdown of any utilities or additional charges

It should also be dated and either mailed, hand delivered, or posted in compliance with California Civil Code Section 827.

If your rental is subject to local rent control or statewide caps under AB 1482, make sure your increase complies with those limits as well. Most single family homes and condos are exempt from AB 1482, but only if the correct lease language is included.

Why These Rules Matter

Ignoring rent increase notice rules might seem minor until it isn’t.

Here’s what can happen if you issue an invalid notice:

• You may have to restart the entire notice period, delaying your income
• You might need to refund rent collected under the invalid notice
• Tenants could file a complaint or small claims action
• If challenged in court, judges almost always side with tenants when the law isn’t followed exactly

For self managing landlords, these mistakes aren’t just frustrating they’re expensive.

How We Help Our Clients Avoid These Mistakes

At Raintree Property Management, we manage properties across Carlsbad, Encinitas, Oceanside, Vista, San Marcos and all of North County San Diego. One of our responsibilities is ensuring every rent increase is done accurately, legally, and on time.

Here’s how we do it:

• We calculate total cumulative increases over the past 12 months
• We determine whether a 30day or 90day notice is required
• We add appropriate mailing time buffers
• We use correct legal forms and keep documentation for compliance
• We confirm whether the property is subject to AB 1482 or local rent caps

Our goal is simple: protect your cash flow and your legal standing.

We also track market rent trends so that your increases are strategic, not just legal. Because pricing too high slows leasing and pricing too low leaves money on the table.

FAQs About Rent Increases in California

Q: Can I raise the rent more than once in a year?
Yes but if the total of all increases in a 12month period exceeds 10%, the 90day notice requirement applies to the increase that crosses that threshold.

Q: What if the tenant agrees to the increase sooner?
Even if the tenant agrees, the legal notice period must still be followed. Verbal or informal agreements won’t hold up in court.

Q: Does AB 1482 apply to my single family home?
AB 1482 generally does not apply to single family homes or condos but only if your lease includes the proper exemption language and the owner is not a corporate entity. If you’re unsure, we can review your lease for compliance.

Q: What if I hand deliver the notice?
If you hand deliver, the standard 30 or 90 days applies. If you mail it, add 5 days.

Final Thoughts

Raising rent is a necessary part of protecting your investment but only if it’s done legally. In California, even small mistakes can trigger big problems.

If you're managing your own rental and unsure about timelines, lease language, or rent caps, we can help. At Raintree Property Management, we take the guesswork out of rent increases and give you confidence that everything is being handled correctly.

Want to make your next rent increase simple, compliant, and stress-free?
Click here to request a free rental analysis and see how we help property owners stay profitable without the legal headaches.