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Civil Code §827 · Step by step

Serving a California Rent Increase Notice — The §827 Procedure, in Order

The rent-increase math is on a separate page. This is the mechanics: which notice window applies, what the notice must say, how to deliver it, and what to do with the AB 1482 exemption language.

TL;DR — 30 seconds

30 days' written notice if the trailing 12-month total stays at 10% or less, 90 days if it exceeds 10%. Mailed service adds 5 days. The notice has to state tenant name, address, current rent, new rent in dollars, effective date, and (on AB 1482-exempt single-family/condo) the §1946.2(e) exemption language re-served. See the rent control page for the underlying cap math.

Step 1 — Confirm the cap that applies

Before writing the notice, run the unit through the AB 1482 framework. Is it covered? Is it exempt? Is it under a stricter local ordinance (Santa Ana RSO, LA City RSO, others)? The cap that controls determines whether your proposed increase is even lawful before you worry about notice mechanics. See the rent control page.

Step 2 — Choose the notice window

§827 distinguishes by the cumulative trailing-12-month increase amount:

On AB 1482-covered units, a lawful increase can't push the trailing 12-month figure over 10% in any case, so the 30-day window applies. The 90-day window is mostly for AB 1482-exempt units pulling a larger jump.

Underpaying on notice voids the entire increase
A 30-day notice when 90 days was required doesn't shorten the clock when you re-serve. The clock never started. The tenant owes the old rent until a correct notice has run its full statutory period from the new service date. Defective notices are how owners lose increases they were legally entitled to.

Step 3 — Draft the notice with all required elements

  1. Tenant name — every named tenant on the lease.
  2. Unit address.
  3. Current rent in dollars.
  4. New rent in dollars (not "an X% increase" — the dollar amount).
  5. Effective date — at least the full statutory window after service. Build in a buffer day to avoid daylight arguments.
  6. Date prepared and date served.
  7. AB 1482 exemption notice — on §1946.2(e)-exempt single-family/condo property, the exact statutory language has to ride along.
  8. Optional but recommended: on AB 1482-covered units, list the CPI used and show the math. Not required, but kills disputes before they form.

Step 4 — Serve correctly

Four lawful methods under §827 and CCP §1013:

Paper trail or it didn't happen
Keep a copy of the notice, a service log (date, method, who delivered), and the certified-mail receipt if applicable. If a tenant later disputes whether they received notice or what the effective date was, the file decides the dispute.

Step 5 — Re-serve the AB 1482 exemption notice

This is the step owners forget. On any single-family home or condo where you're claiming the AB 1482 exemption, the §1946.2(e) exemption language has to appear in the lease and be re-served with every rent increase notice. Skip the re-service and you lose the exemption — AB 1482 applies and the rent cap kicks in retroactively as to that increase.

Build the §1946.2(e) language into your annual rent-increase notice template so it can't be forgotten.

Step 6 — Update the ledger and calendar the next review

Once the notice period runs and the new rent is in effect, log it on the per-unit rent ledger with the effective date and the CPI used. Set a calendar reminder for next spring when HCD publishes the new CPI. The compounding effect of forgetting one year compounds into bigger problems the next.

Common questions

How much notice is required for a California rent increase?

30 days' written notice if the trailing 12-month total stays at 10% or less. 90 days if it exceeds 10%. Mailed service adds 5 days per §1013. On AB 1482-covered units, a lawful raise won't cross 10%, so 30 days is the normal case.

What must the notice contain?

Tenant name, unit address, current rent (dollars), new rent (dollars, not percentage), effective date at least the full statutory window out, date prepared and served, and (on §1946.2(e)-exempt property) the AB 1482 exemption language verbatim.

How do I serve a rent increase notice?

Personal delivery, substituted service plus mail, post and mail, or certified mail. Any method involving mail adds 5 days to the running of the notice period under CCP §1013.

Do I have to re-serve the AB 1482 exemption with every increase?

Yes, on every rent increase on an AB 1482-exempt single-family or condo. Civil Code §1946.2(e) requires the exact statutory text to be re-served. Skip it and the exemption is lost.

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