What steps and notices must a landlord follow to legally increase the rent for a residential property in California?

To legally increase rent in California, you must provide the tenant with proper written notice that complies with state and local laws regarding the notice period and the maximum allowable increase. Here are the steps to legally increase a tenant's rent: Step 1: Determine the Maximum Legal Rent Increase First, determine if your property is subject to statewide or local rent control. Under the California Tenant Protection Act (AB 1482), for covered properties, you cannot increase the total rent by more than 5% plus the local rate of inflation (CPI), or 10%, whichever is lower, in any 12-month period. Check your city or county's specific ordinances, as they may have stricter limits. Some properties, like single-family homes not owned by a corporation and housing built within the last 15 years, are exempt from the state law. Step 2: Determine the Correct Notice Period The required notice period depends on the size of the rent increase. For a rent increase of 10% or less of the tenant's current rent, you must provide at least 30 days' written notice. If the rent increase is more than 10%, you must provide at least 90 days' written notice. This applies to month-to-month tenancies. You cannot increase rent during a fixed-term lease unless the lease agreement explicitly allows it. Step 3: Draft the Formal Written Notice Prepare a formal "Notice of Rent Increase." This document must be in writing and include the tenant's full name, the property address, the date the notice is given, the exact new rent amount, and the date the new rent will take effect. You, the landlord or property manager, must sign the notice. Step 4: Properly Serve the Notice to the Tenant You must formally "serve" the notice to the tenant. The legally preferred method is personal service, where you hand the notice directly to the tenant. If that is not possible, you can use substituted service by leaving it with a competent person at the residence and mailing a second copy. Posting the notice on the door and mailing a copy is a method of last resort and has strict procedural requirements. Email or text is generally not sufficient unless you have a prior written agreement with the tenant to accept notices electronically. Important Details and Nuances: Local ordinances in cities like Los Angeles, San Francisco, Berkeley, and Oakland often have their own rent boards, required forms, and stricter rules that supersede state law. Always check your local city government's housing or rent board website. A rent increase cannot be retaliatory, meaning you cannot raise the rent because a tenant requested repairs or exercised another legal right. Warnings and Limitations: If you fail to provide the proper notice period or serve the notice incorrectly, the rent increase is legally invalid. The tenant would not be obligated to pay the higher amount until they receive a proper, corrected notice. Do not attempt to raise the rent more than twice in any 12-month period, even if the total increase complies with the rent cap. This is general information and does not constitute legal advice. For complex situations, especially those involving local rent control or problematic tenants, you should consult with a qualified California attorney.