California Rent Increase Notice, 30 or 90 Days? Complete Guide for 2026
California landlords raising rent on a residential tenancy in 2026 have to give advance written notice, and the required advance period depends on how big the increase is. The short answer, 30 days for increases of 10% or less, and 90 days for increases above 10%. On top of that, most rentals are now subject to the AB 1482 cap, which limits annual increases to 5% plus local CPI, with a 10% maximum regardless of CPI.
This guide walks through who the rule applies to, how to calculate the notice period, when AB 1482 caps kick in, which properties are exempt, and the three things landlords do that accidentally void the notice.
Who has to follow these rules
Any California landlord raising rent on a residential tenant with a month-to-month or expired fixed-term tenancy. The notice requirements live at Cal. Civ. Code Section 827(b), and the rent cap lives at Cal. Civ. Code Section 1947.12 (part of AB 1482, the Tenant Protection Act of 2019).
Commercial tenants are not covered. Mobile homes have their own ruleset. Subsidized housing (Section 8, HUD) has different requirements from HUD that override the state rule when stricter.
30-day or 90-day notice, how to choose
The rule is written in Cal. Civ. Code 827(b)(2) and (b)(3):
30 days advance notice if the increase is 10% or less of the lowest rent charged during the prior twelve months. Example: if rent has been $2,000 for the last year, any new amount up to $2,200 falls under 30-day notice.
90 days advance notice if the increase is more than 10% of the lowest rent charged during the prior twelve months. Same example: any new amount above $2,200 triggers 90-day notice.
The calculation uses the lowest rent over the prior twelve months, not the current rent. This matters if you lowered rent during COVID, then raised it back; the baseline for the 10% threshold is the lowest point.
AB 1482 rent cap (5% + CPI, max 10%)
Most California rentals are also subject to an absolute cap on how much you can raise rent in any 12-month period. Under AB 1482, the cap is the lower of:
- 5% plus the local CPI (Consumer Price Index) increase for that region over the prior year, or
- 10% flat.
The CPI values are published by the California Department of Industrial Relations regional offices. In 2026 most California metros have CPI around 3-4%, so the practical cap is usually 8-9%.
Two increases in the same 12 months count together. If you raised rent 5% in February and plan another 5% in November, the total would be 10%, which is at the cap. Any second increase beyond that is void.
Which properties are exempt
AB 1482 does NOT apply to:
- Single family homes or condos, IF (1) the landlord is a natural person (not a corporation or LLC whose members are not all natural persons), AND (2) the tenant has received written notice of the exemption. Cal. Civ. Code 1947.12(d)(5).
- Buildings built within the last 15 years. New construction is exempt from AB 1482 on a rolling basis, so a building built in 2011 becomes covered in 2026.
- Deed-restricted affordable housing.
- Hotels and tourist accommodations.
- Some owner-occupied duplexes.
The small-owner natural-person carve-out also covers LLCs whose members are all natural persons after AB 414 (effective January 2026), codified at Cal. Civ. Code 1950.5(c)(5)(A).
Even if your property is exempt from the rent cap, the 30-day and 90-day advance notice rule in 827(b) still applies.
How to serve the notice
California treats written service as complete when the notice is delivered by one of these methods:
- Personal delivery to the tenant.
- Certified mail with return receipt. The 30-day or 90-day clock starts when the tenant receives it, not when it was mailed. Add at least 5 extra days to mail.
- Substituted service, leaving the notice with a person of suitable age at the tenant's residence AND mailing a copy by first-class mail.
Verbal notice is not valid. Email alone is not valid unless the lease explicitly authorizes email service (Cal. Civ. Code 827 requires written).
The notice itself has to state:
- The current rent amount.
- The new rent amount.
- The effective date (on or after the advance period ends).
- The landlord name and signature.
- The tenant name.
- The property address.
Any missing element can void the notice.
Three mistakes that void the notice
One, calculating the 10% threshold from the wrong baseline. The threshold is the lowest rent in the prior 12 months, not the current rent. If you lowered rent last March and are now raising it, the baseline is the March amount.
Two, writing the effective date inside the notice period. If you send the notice on May 1 with an effective date of May 15, the notice is void because May 15 is only 14 days later. The effective date has to be at least 30 or 90 days after service.
Three, relying on verbal or text-message notice. Only written notice, properly served, triggers the clock. A verbal heads-up does not count, even if the tenant acknowledges it.
Where to get a compliant notice
You can write the notice yourself. The statutory requirements are listed above. It has to be written, dated, signed, and include the current rent, new rent, effective date, and service method.
If you want a California-specific template with the 30 or 90-day calculation built in and the AB 1482 cap check automatic, LeaseKit generates one for $29 with the correct advance-notice period based on your inputs. The PDF is signature-ready and formatted for any of the three service methods.
Free blank templates are available from eForms and LawDepot, but they will not calculate the advance period, apply the AB 1482 cap, or flag if your effective date falls inside the notice window. Those have to be checked manually.
This post is informational, not legal advice. Housing law changes year to year. Verify current Cal. Civ. Code 827 and 1947.12 text and any local rent stabilization ordinances before serving a notice on a specific tenancy. For active disputes, consult a California-licensed attorney.