Rent Increase Notice Rules: 30 or 90 Days (Civil Code 827)

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

A California rent increase of 10% or less needs at least 30 days' written notice; above 10%, counting all increases in the past 12 months, it needs 90 days. Mailed notices need extra time.

Citation
Civ. Code § 827
Status
In force
Jurisdiction
California
Applies to
Landlords with month-to-month or shorter residential tenancies
Key numberValueAs of
Increase of 10% or less30 days' noticeSep 25, 2026
Increase over 10% (12-month total)90 days' noticeSep 25, 2026
DeliveryPersonal delivery or mail (plus CCP 1013 mailing time)Sep 25, 2026

Last reviewed Sep 25, 2026 · Checked against the official text

What it requires

  • Give written notice at least 30 days before an increase of 10% or less.
  • Give at least 90 days’ notice if the increase, combined with any others in the prior 12 months, is more than 10%.
  • Deliver the notice personally or by mail; mailed notices get the extra days Code of Civil Procedure section 1013 adds.
  • The notice period doesn’t make an increase lawful; state and local rent caps still apply.

Owner checklist

  • Add up all increases in the prior 12 months
  • Choose 30 or 90 days, then add mailing time if mailing
  • Attach any city-required forms (Oakland’s RAP Notice, for example)
  • Keep proof of delivery

From our East Bay files

When we take over a self-managed property, the rent increase problem we find most often isn't the math. It's missing local disclosures, like the notices Oakland requires with every increase, followed by the wrong notice period. We send every notice through the tenant portal, by email, and by U.S. mail; of the three, only the mailed copy counts under Civil Code 827, so it sets the clock, plus five days.

All East Bay Properties, Emeryville

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

Need a Hand?

📬 Get the Thursday Tip + Free Rental Rules Cheat Sheet

A quick-reference guide to California and East Bay rental rules for 2026.
One practical East Bay housing insight, delivered weekly by email.

* required

🇺🇸


No spam. Unsubscribe anytime.
View past tips