When Can You Have Your Rent Increased in California?
With property values and rental prices skyrocketing nation-wide many, California tenants may find themselves facing rent hikes. While this may be unavoidable, you do have protections against rent increases under The California Tenant Protection Act (AB-1482).
What Protections are Granted by California AB-1482 for Rent Increases?
The California Tenant Protection Act places constraints on both how frequently and by how much a landlord raises the cost of a rental.
Your landlord cannot raise rent more than twice in a 12-month period
Your rent cannot increase to be more than 5% + local CPI more than your lowest rent payment in the past 12-months
Your rent cannot be raised by more than 10%, even if your local CPI is > 5%
*Local CPI refers to the consumer price index -a measure of inflation- in your local area, and can be found from Bureau of Labor Statistics.
When Do You Qualify for Protections Against Rent Increases?
You can never be prompted to waive your rights under California AB-1482, and they automatically apply to all tenants in California, unless you fall under the following exceptions:
You have been a tenant for less than 12 months
You live in a multi-family dwelling which was constructed less than 15 years ago
You have more restrictive rent-control in your area, and that is applicable in your situation
You live in a two-unit dwelling where the other unit is occupied by the landlord
You live in a single-family home or condominium in which the property owner is a private induvial, not a corporation or a trust. And they have notified you that you are exempted from protections provided under the California Tenant Protection Act
You live in a rental property designated for low-or moderate-income households
*If you share any living space with your landlord then you are not exempted from the rent control protections under AB-1482, as the exemption is exclusively for two-unit dwellings
*The following localities have rent control ordinances: Alameda, Baldwin Park, Berkeley, Beverly Hills, Culver City, East Palo Alto, Hayward, Inglewood, Los Angeles, Los Gatos, Mountain View, Oakland, Palm Springs, Richmond, San Francisco, San Jose, Santa Ana, Santa Monica, Thousand Oaks, West Hollywood. If you reside in one of these areas, you should research your local rent control ordinances. Local ordinances only override those under AB-1482 if they are both more restrictive and are applicable in your situation.
*An LLC may qualify as a private individual if it is owned by a private individual, and not corporate shareholders.
What should do if your landlord raises your rent illegally?
If you feel a rent increase, you were given is in violation of The California Tenant Protection Act or local ordinances on rent control you should notify your landlord in writing that you feel they are in violation of these rights. If you signed a lease or rental agreement after July 1st 2020 then an addendum is legally required to have been included denoting civil code pursuant to the rent control protections of AB-1482. Finally, if your landlord remains uncooperative you should seek guidance from an attorney specialized in tenant protection.
Tenants Law Firm is here to help.
If you are experiencing issues regarding this matter or are unsure of your rights as a tenant, please do not hesitate to reach out to the Tenants Law Firm. Our attorneys are here to assist you. Contact us by filling out our online intake form here and we will get back to you to schedule a free consultation.
Disclaimer
The purpose of this post is for information only, this is not legal advice.