📋 What is a Rent Overcharge?

A rent overcharge occurs when your landlord increases your rent beyond the amount permitted by California's statewide rent cap (AB 1482) or a local rent control ordinance. California law strictly limits how much landlords can raise rent each year, and violations entitle you to recover the overcharged amounts plus potential penalties.

When to Use This Guide

Use this guide if you believe your landlord has violated rent control laws by:

📈 Excessive Rent Increase

Raising rent more than 5% + local CPI (max 10%) under AB 1482 or exceeding local ordinance limits

📝 Improper Notice

Failing to provide proper written notice (30 days for increases under 10%, 90 days for 10%+)

💰 Illegal Fees

Adding unauthorized fees for services, amenities, or utilities not in original lease

🏗 Improper Pass-Throughs

Passing through capital improvement costs without proper rent board approval

🔒 Exemption Fraud

Claiming false exemption from rent control (e.g., claiming property is newer than 15 years)

🏠 Base Rent Manipulation

Setting initial rent higher than legally permitted base rent under local ordinance

👍 Your Rights Under California Law

  • Refund of overcharges - Recover all rent paid above legal limits
  • Rent rollback - Reduce current rent to lawful amount
  • Interest on overcharges - Some local ordinances require interest payments
  • Treble damages - Up to 3x damages for retaliatory rent increases (Civil Code 1942.5)
  • Attorney's fees - Prevailing tenants may recover legal costs

Does AB 1482 Apply to Your Unit?

The Tenant Protection Act (AB 1482) applies to most California rental housing, but there are exemptions:

✅ Covered Properties

▼
  • Apartments and multi-family housing built before 2005
  • Single-family homes owned by corporations, REITs, or LLCs (where at least one member is a corporation)
  • Condos if not owner-occupied
  • Properties covered by more restrictive local rent control ordinances

❌ Exempt Properties

▼
  • Housing built within the last 15 years (rolling exemption)
  • Single-family homes owned by natural persons (individuals) with proper notice
  • Owner-occupied duplexes
  • Affordable housing with deed restrictions
  • School or college dormitories
  • Properties subject to a mobilehome residency law

Important: Even if exempt from AB 1482, your unit may still be covered by local rent control ordinances.

⚠ Check Local Rent Control First

Many California cities have rent control ordinances stricter than AB 1482. If you live in San Francisco, Los Angeles, Oakland, Berkeley, San Jose, or other rent-controlled cities, local rules may provide greater protections. Local ordinances often cover older buildings that AB 1482 exempts.

💰 Damages You Can Recover

Rent overcharge violations entitle you to multiple categories of recovery. Here's what you may be able to claim.

Category Description
Excess Rent Refund Full refund of all rent paid above the legal maximum, going back to when overcharges began
Interest Many local ordinances require interest on overcharges (often 7-10% annually)
Rent Rollback Reduction of current rent to the lawful amount going forward
Treble Damages Up to 3x actual damages for retaliatory rent increases under Civil Code 1942.5
Attorney's Fees Prevailing tenants can recover reasonable legal costs under AB 1482 and most local ordinances
Penalties Some local ordinances impose per-violation penalties on landlords

📊 Sample Overcharge Calculation

Example: 18 Months of Overcharges Under AB 1482

Original rent (January 2024) $2,000/month
Maximum legal increase (5% + 3.4% CPI = 8.4%) $168/month
Legal rent ceiling $2,168/month
Landlord charged (15% increase) $2,300/month
Monthly overcharge $132/month
Overcharge period (18 months) $2,376
Interest at 7% annual $125
TOTAL RECOVERY (before treble damages) $2,501

⚠ Treble Damages for Retaliation

If your landlord raised rent in retaliation for you exercising your legal rights (such as requesting repairs, organizing with other tenants, or filing complaints), you may be entitled to three times your actual damages under Civil Code 1942.5. Document any connection between protected activity and the rent increase.

✅ Evidence Checklist

Gather this evidence before sending your demand letter. Strong documentation is essential for proving rent overcharges.

📄 Lease History

  • ✓ Original lease agreement with initial rent amount
  • ✓ All lease renewals and amendments
  • ✓ Move-in date documentation
  • ✓ Any AB 1482 exemption notices from landlord

💰 Rent Payment Records

  • ✓ Bank statements showing rent payments
  • ✓ Canceled checks or payment receipts
  • ✓ Online payment portal records
  • ✓ Rent ledger if provided by landlord

📩 Rent Increase Notices

  • ✓ All written rent increase notices
  • ✓ Dates notices were received
  • ✓ Method of delivery (mail, email, hand-delivered)
  • ✓ Any communications disputing increases

🏠 Property Information

  • ✓ Building's year of construction (county records)
  • ✓ Property ownership records (who owns the property)
  • ✓ Number of units in building
  • ✓ Certificate of occupancy if available

📈 Rent Board Filings

  • ✓ Local rent board registration (if applicable)
  • ✓ Base rent certification
  • ✓ Capital improvement petitions filed by landlord
  • ✓ Annual allowable increase notices

📊 CPI Documentation

  • ✓ Local CPI figures for relevant period
  • ✓ Rent board's published allowable increase percentages
  • ✓ Calculation of maximum allowable rent
  • ✓ Bureau of Labor Statistics data if needed

💡 How to Find Building Age

To determine if your building is covered by AB 1482 (must be 15+ years old), check your county assessor's website for the "year built" or request a certificate of occupancy from your city's building department. This is crucial for determining which protections apply.

📝 Sample Language

Copy and customize these paragraphs for your rent overcharge demand letter.

State Rent Cap Violation (AB 1482)
I am a tenant at [PROPERTY ADDRESS], which is subject to the California Tenant Protection Act (AB 1482), codified at Civil Code Section 1946.2. On [DATE OF INCREASE], you increased my rent from [PREVIOUS RENT] to [NEW RENT], an increase of [PERCENTAGE]%. Under AB 1482, rent increases are limited to 5% plus the percentage change in the Consumer Price Index, with a maximum cap of 10%. For the applicable period, the maximum allowable increase was [LEGAL PERCENTAGE]%, which would result in a maximum lawful rent of [LEGAL RENT]. You have therefore overcharged me by [MONTHLY OVERCHARGE] per month for [NUMBER] months, totaling [TOTAL OVERCHARGE] in illegal overcharges.
Local Rent Ordinance Violation
The property at [PROPERTY ADDRESS] is subject to the [CITY NAME] Rent Stabilization Ordinance because it was constructed before [APPLICABLE DATE] and contains [NUMBER] rental units. Under the ordinance, annual rent increases are limited to [LOCAL CAP PERCENTAGE]% for the [YEAR] adjustment period. Your increase of [ACTUAL PERCENTAGE]% exceeds this limit by [EXCESS PERCENTAGE]%. The [CITY] Rent Board has established that the maximum allowable rent for my unit is [LEGAL RENT]. I demand that you immediately reduce my rent to the legal amount and refund all overcharges with interest as required by the ordinance.
Improper Capital Improvement Pass-Through
On [DATE], you increased my rent by [AMOUNT], claiming this was a permissible pass-through for capital improvements. However, under the [CITY NAME] Rent Stabilization Ordinance, capital improvement pass-throughs require: (1) approval by the Rent Board prior to implementation; (2) proper notice to affected tenants; and (3) compliance with amortization requirements. To my knowledge, you have not obtained Rent Board approval for this pass-through, nor have you provided the required documentation establishing the nature, cost, and useful life of the claimed improvements. This unauthorized charge constitutes an illegal rent overcharge. I demand immediate removal of this charge and refund of all amounts collected.
Illegal Fees
Beginning on [DATE], you have charged me an additional [AMOUNT] per month for [DESCRIPTION - trash, parking, amenities, etc.]. This charge was not part of my original lease agreement dated [LEASE DATE] and represents a de facto rent increase. Under California Civil Code Section 1946.2 and the [LOCAL ORDINANCE IF APPLICABLE], landlords cannot circumvent rent increase limitations by imposing new fees for services previously included in rent or by unbundling charges. This fee, added to my base rent, results in a total monthly charge of [TOTAL], which exceeds the maximum allowable rent. I demand removal of this illegal fee and refund of [TOTAL COLLECTED] paid to date.
Demand and Deadline
I hereby demand that within [14/30] days of the date of this letter, you: (1) reduce my monthly rent to the lawful amount of [LEGAL RENT]; (2) refund the total overcharge amount of [TOTAL OVERCHARGE], plus interest at the rate required by [APPLICABLE LAW]; and (3) provide written confirmation that you will comply with rent control laws going forward. If you fail to comply with this demand, I will file a petition with the [RENT BOARD/HOUSING DEPARTMENT] and/or pursue all available legal remedies, including recovery of treble damages for willful violations under Civil Code Section 1942.5, as well as reasonable attorney's fees as provided by law.
Anti-Retaliation Warning
Please be advised that California Civil Code Section 1942.5 strictly prohibits landlord retaliation against tenants who assert their legal rights, including the right to lawful rent levels. Any adverse action taken against me within 180 days of this demand - including eviction, rent increases, reduction of services, or harassment - will be presumed retaliatory and will entitle me to actual damages, punitive damages up to three times actual damages, and reasonable attorney's fees. I am documenting all interactions and will not hesitate to pursue the full extent of remedies available under law.

📄 Full Sample Demand Letter

Below is a complete rent overcharge demand letter template. Replace all bracketed placeholders with your specific information.

Rent Overcharge Demand Letter - California

[YOUR NAME] [YOUR ADDRESS] [CITY, STATE ZIP] [YOUR EMAIL] [YOUR PHONE] [DATE] VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED and EMAIL to [LANDLORD EMAIL] [LANDLORD NAME] [LANDLORD ADDRESS] [CITY, STATE ZIP] Re: Demand for Refund of Illegal Rent Overcharges Property: [PROPERTY ADDRESS], Unit [UNIT NUMBER] Tenant: [YOUR NAME] Dear [LANDLORD NAME]: I am writing to formally demand a refund of illegal rent overcharges collected from me in violation of California law. I am a tenant at [PROPERTY ADDRESS], Unit [UNIT NUMBER], where I have resided since [MOVE-IN DATE] pursuant to a lease agreement dated [LEASE DATE]. STATEMENT OF FACTS My initial rent under the lease was [INITIAL RENT] per month. On [DATE OF INCREASE], you raised my rent to [NEW RENT], an increase of [PERCENTAGE]%. This increase exceeds the limits established by [California Civil Code Section 1946.2 (AB 1482) / the [CITY NAME] Rent Stabilization Ordinance / both state law and local ordinance]. The property at [PROPERTY ADDRESS] is subject to rent control because: - The building was constructed in [YEAR BUILT], making it more than 15 years old - The property contains [NUMBER] residential units - [If applicable: The property is registered with the [CITY] Rent Board, Registration No. [NUMBER]] - The owner is [OWNER NAME/ENTITY TYPE - if corporate owner, specify] CALCULATION OF LEGAL RENT Under applicable law, the maximum allowable rent increase was [LEGAL PERCENTAGE]%: - Base rent: [PREVIOUS RENT] - Maximum increase ([PERCENTAGE]%): [AMOUNT] - Legal rent ceiling: [LEGAL RENT] CALCULATION OF OVERCHARGES You have charged me [AMOUNT CHARGED], which exceeds the legal rent of [LEGAL RENT] by [MONTHLY OVERCHARGE] per month. This overcharge has continued for [NUMBER] months, from [START DATE] to [END DATE/PRESENT]. Total overcharges: [NUMBER] months x [MONTHLY OVERCHARGE] = [TOTAL OVERCHARGE] Interest at [RATE]% (if applicable): [INTEREST AMOUNT] TOTAL AMOUNT DUE: [TOTAL WITH INTEREST] LEGAL BASIS Your conduct violates the following laws: 1. California Civil Code Section 1946.2 (Tenant Protection Act / AB 1482), which limits annual rent increases to 5% plus the local CPI, with a maximum cap of 10%. 2. [If applicable: The [CITY NAME] Rent Stabilization Ordinance, [MUNICIPAL CODE SECTION], which limits annual increases to [LOCAL CAP]%.] 3. California Civil Code Section 827, which requires [30/90] days written notice for rent increases [of this magnitude]. Under these laws, I am entitled to recover all rent paid in excess of the lawful amount, plus interest, plus reasonable attorney's fees if litigation becomes necessary. DEMAND I hereby demand that you, within fourteen (14) days of the date of this letter: 1. REDUCE my monthly rent to the lawful amount of [LEGAL RENT], effective immediately; 2. REFUND the total overcharge amount of [TOTAL WITH INTEREST] by check made payable to [YOUR NAME]; and 3. PROVIDE written confirmation that you will comply with all applicable rent control laws going forward. CONSEQUENCES OF NON-COMPLIANCE If you fail to comply with this demand within fourteen (14) days, I will: 1. File a petition with the [CITY NAME] Rent Board / California Department of Consumer Affairs; 2. File a complaint in [Small Claims Court / Superior Court] for recovery of all overcharges, interest, and applicable penalties; 3. Seek treble damages under Civil Code Section 1942.5 if there is evidence of retaliation or willful misconduct; 4. Seek recovery of reasonable attorney's fees as provided by Civil Code Section 1946.2 and/or the [LOCAL ORDINANCE]. ANTI-RETALIATION NOTICE California Civil Code Section 1942.5 prohibits landlord retaliation against tenants who exercise their legal rights. Any retaliatory conduct, including eviction proceedings, rent increases, reduction of services, or harassment, within 180 days of this letter will be presumed retaliatory and will expose you to significant additional liability, including punitive damages of up to three times my actual damages. I am prepared to resolve this matter promptly if you act in good faith. However, I am also fully prepared to exercise all legal remedies available to me if you fail to comply with this demand. Please direct all communications regarding this matter to me at the address and email listed above. Sincerely, _______________________________ [YOUR NAME] Enclosures: - Copy of original lease agreement - Copies of rent increase notices - Rent payment history - [Other relevant documentation] cc: [CITY] Rent Board [if applicable] [YOUR FILE]

⚠ Before Sending

  • Replace ALL bracketed placeholders with your actual information
  • Verify your calculations are accurate
  • Confirm which laws apply to your property (AB 1482, local ordinance, or both)
  • Send via certified mail with return receipt AND email for documentation
  • Keep copies of everything you send

🚀 Next Steps

What to do after sending your rent overcharge demand letter.

Expected Timeline

Days 1-7

Landlord receives letter and reviews your demand

Days 7-14

Landlord should respond with refund offer or dispute

Day 14+

If no response, proceed with rent board petition or court filing

If Your Landlord Doesn't Respond

  1. File with the Rent Board

    If you're in a city with rent control, file a petition with your local rent board. This is often the fastest and easiest remedy. The rent board can order refunds and rent reductions.

  2. File a Small Claims Lawsuit

    For claims up to $12,500, file in small claims court. No attorney needed. Bring all documentation, including your demand letter and proof of mailing.

  3. Report to State Agencies

    File complaints with the California Department of Consumer Affairs and the California Attorney General's Office. These agencies track landlord violations.

  4. Consult a Tenant Rights Attorney

    For larger claims or complex situations, consider consulting with a tenant rights lawyer. Many work on contingency or offer free initial consultations.

If Your Landlord Retaliates

⚠ Document Everything

If your landlord serves an eviction notice, raises rent further, reduces services, or harasses you after receiving your demand, this is likely illegal retaliation. California Civil Code 1942.5 creates a presumption of retaliation for adverse actions within 180 days. You may be entitled to treble (3x) damages plus attorney's fees. Document all retaliatory conduct carefully.

Need Legal Help?

Rent overcharge cases can be complex, especially when dealing with capital improvement pass-throughs or exemption disputes. Get a 30-minute strategy call with an attorney.

Book Consultation - $125

California Resources

  • CA Dept. of Consumer Affairs: dca.ca.gov - Tenant rights information
  • SF Rent Board: sfrb.org - (415) 252-4600
  • LA Housing Dept: housing.lacity.org - (866) 557-7368
  • Oakland RAP: oaklandca.gov/topics/rent-adjustment-program - (510) 238-3721
  • Berkeley Rent Board: berkeleyca.gov/rent - (510) 981-7368
  • Legal Aid: lawhelpcalifornia.org - Free legal help for qualifying tenants
  • Tenants Together: tenantstogether.org - Statewide tenant rights organization
  • California Civil Code: leginfo.legislature.ca.gov - Read the actual statutes

📖 Related Articles

Explore more California tenant rights resources on our blog.

📄 California Tenant Security Deposit Demand Letters

Complete guide to recovering your security deposit in California, including statutory deadlines, bad faith penalties, and sample demand letters.

Read on Terms.Law Blog →