Madera, CA asked in Business Law and Landlord - Tenant for California

Q: Looking to see how much I'm able to raise my tenants rent in Martinez, CA. She's currently on a month to month lease

Been a tenant for over a year and a half and I've never raised rent. Also need to know how much notice I need to give for the rent increase. Not sure if its 30 or 60 days. Will raising the rent effect being able to give the tenant a 30 day notice to end the lease if we choose to do that soon? Where can I find the local inflation rate for my property?

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the amount by which you can increase rent for a tenant on a month-to-month lease depends on state rent control regulations, including the California Tenant Protection Act of 2019. This law caps rent increases at 5% plus the local inflation rate, but not more than 10% total, within a 12-month period. Considering your tenant has been in the property for over a year and a half without a rent increase, you'll need to adhere to these guidelines when determining the new rent amount.

The notice period required for a rent increase depends on the amount of the increase. If the rent increase is 10% or less, you must give at least 30 days' notice. However, if the rent increase is more than 10%, a 60-day notice is required. It's essential to provide this notice in writing, clearly stating the amount of the increase and the date the new rent will take effect.

If you're considering ending the lease after raising the rent, the notice period you must give the tenant to vacate depends on how long they have lived in the unit. For tenants who have resided in the property for over a year, California law typically requires a 60-day notice to terminate the lease. Raising the rent does not directly affect your ability to give a notice to end the lease; however, the required notice periods for each action must be observed according to state law and local ordinances.

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