⚖ California Laws That Protect You
Civil Code Section 1946.2 - AB 1482 California Tenant Protection Act (2019)
The landmark state law that caps rent increases at 5% plus local CPI (max 10% annually) for covered properties. Also provides just cause eviction protections for tenants who have lived in a unit for 12+ months.
AB 1482 Rent Cap Formula: 5% + Local CPI (Maximum 10%)
Landlords can only raise rent once per 12-month period. The increase is limited to 5% plus the percentage change in Consumer Price Index (CPI) for the area, with an absolute cap of 10% even if CPI is higher.
Local Rent Control: Often STRICTER Than State Law
Los Angeles (RSO), San Francisco, Oakland, Berkeley, San Jose, Santa Monica, and other cities have local rent control with caps typically between 1-5%. Local law trumps state law when it provides greater protection. Always check local rules first.
Civil Code Section 1947.12 - Rent Increase Notice Requirements
Landlords must provide proper written notice: 30 days for increases of 10% or less; 90 days for increases over 10%. Failure to provide adequate notice makes the increase invalid.
Just Cause Eviction Protections (Civil Code 1946.2)
Landlords cannot evict tenants (who have lived there 12+ months) without a legally valid reason. "At-fault" causes include nonpayment, lease violations, and nuisance. "No-fault" causes require relocation assistance.
Critical: Check Local Rent Control FIRST
Local rent control laws are often much stricter than AB 1482. If your city has rent control, those rules likely apply instead of (or in addition to) state law. Contact your local rent board to confirm your property's status.
🔍 Common Rent Control Violations
Landlords violate rent control laws in several ways. Identify which applies to your situation:
Exceeds AB 1482 Cap
Rent increase is more than 5% + local CPI (or 10% maximum). Many landlords miscalculate or ignore the cap entirely. Verify the exact allowable increase for your area and lease anniversary.
Local Rent Control Violation
Your city's rent control allows less than AB 1482. For example, if LA RSO allows 4% but your landlord raised rent 8%, that's illegal even though it's under the state cap.
Improper Notice Period
Landlord failed to give proper written notice. Must be 30 days for increases of 10% or less, 90 days for increases over 10%. Insufficient notice makes the increase void.
Illegal Capital Improvement / Banked Rent
Landlord claims exemption for "capital improvements" or "banked rent" increases without proper rent board approval. These require specific procedures and documentation.
⚠ AB 1482 Exemptions - Is Your Property Covered?
Not all properties are covered by AB 1482. However, landlords must provide proper notice of exemption, and local rent control may still apply.
| Exemption Category | Details & Requirements |
|---|---|
| Single-Family Homes | Exempt ONLY if: (1) Owner is not a corporation, REIT, or LLC with corporate member; (2) Landlord provided written notice of exemption in the lease or separately. Without proper notice, the exemption may not apply. |
| Buildings Less Than 15 Years Old | Properties with certificate of occupancy issued within the last 15 years are exempt. This is a rolling date - a building built in 2010 becomes covered in 2025. |
| Owner-Occupied Duplexes | A duplex where the owner lives in one of the two units. Owner must have occupied continuously since the beginning of the tenancy. |
| Certain Affordable Housing | Properties with deed restrictions for affordable housing (Section 8 project-based, LIHTC, etc.) are exempt from rent cap but may have their own rent limits. |
| Specific Entity Ownership | Properties owned by certain nonprofits, housing authorities, or community land trusts may be exempt. However, typical corporate landlords are NOT exempt. |
| Dormitories & Student Housing | College dormitories, fraternity/sorority houses, and certain student housing operated by educational institutions. |
Exemption Doesn't Mean No Protection
Even if your property is exempt from AB 1482, local rent control may still apply. Los Angeles, San Francisco, and other cities have their own rules with different exemptions. Always check local law.
$ What You Can Recover
When your landlord violates rent control laws, you're entitled to significant remedies:
| Damage Type | What You Can Recover |
|---|---|
| Rent Overcharge Refund | All amounts paid above the legal maximum rent. If you've been overpaying $200/month for 2 years, that's $4,800 in refunds. |
| Interest on Overpayments | Some jurisdictions require landlords to pay interest on overcharges. San Francisco, for example, requires interest at the legal rate. |
| Local Penalties | Varies by jurisdiction. Some cities impose penalties of 3x overcharges for willful violations. Check your local rent ordinance. |
| Attorney Fees | Often recoverable under rent control ordinances. Many local laws provide for attorney fees to the prevailing tenant. |
| Rent Rollback | Your rent must be reduced to the legal maximum going forward. This ongoing savings can be worth thousands annually. |
Calculate Your Damages
Example: If legal rent is $2,000 but you've been paying $2,300 for 18 months, you're owed $5,400 in overcharges plus potential interest and penalties. Your rent must also be rolled back to $2,000 immediately.
✎ Demand Letter Template
Send this letter via certified mail with return receipt requested. Keep a copy for your records.
DEMAND FOR RENT REDUCTION AND REFUND OF OVERCHARGES - RENT CONTROL VIOLATION
[Your Name]
[Your Address - Unit Number]
[City, CA ZIP]
[Phone]
[Email]
[Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[Landlord Name / Property Management Company]
[Landlord Address]
[City, CA ZIP]
Re: Demand for Rent Reduction and Refund - Illegal Rent Increase
Property: [Your Rental Address with Unit Number]
Tenancy Start Date: [Date You Moved In]
Dear [Landlord Name]:
I am writing to demand immediate correction of an illegal rent increase and refund of all amounts I have been overcharged.
FACTS:
1. I have been a tenant at [Property Address] since [Move-in Date].
2. My rent was [Previous Rent Amount] per month.
3. On [Date of Rent Increase Notice], you raised my rent to [New Rent Amount] per month, effective [Effective Date].
4. This represents an increase of [Dollar Amount] or [Percentage]%.
LEGAL VIOLATIONS:
This rent increase violates California law for the following reasons:
[Select applicable violations:]
[ ] The increase exceeds the maximum allowed under AB 1482 (Civil Code Section 1946.2), which limits increases to 5% plus local CPI, with a maximum of 10%. The allowable increase for this period is [Allowable Percentage]%, which would be a maximum rent of $[Maximum Legal Rent].
[ ] The increase violates [City Name] Rent Control Ordinance, which limits annual increases to [Local Cap Percentage]%. The maximum allowable rent under local law is $[Maximum Legal Rent].
[ ] You failed to provide the required [30/90] days written notice as required by Civil Code Section 1947.12.
[ ] The claimed exemption for [single-family home/capital improvement/other] is invalid because [explain why - no proper notice provided, etc.].
DAMAGES:
As a result of this illegal rent increase, I have been overcharged as follows:
Monthly Overcharge: $[Amount Above Legal Rent]
Number of Months Overpaid: [Number]
Total Overcharges: $[Total Amount]
Interest (if applicable): $[Amount]
TOTAL DUE: $[Total Amount]
DEMAND:
I hereby demand that you:
1. Immediately reduce my rent to the legal maximum of $[Legal Maximum Rent] per month;
2. Refund all overcharges totaling $[Total Overcharge Amount] within fifteen (15) days of this letter;
3. Confirm in writing that my rent has been corrected.
If you fail to comply within 15 days, I will:
- File a complaint with [Local Rent Board / Housing Department]
- Pursue all legal remedies including civil litigation
- Seek attorney fees, penalties, and any other damages allowed by law
Please be advised that under [applicable law - AB 1482 / local rent ordinance], retaliation against a tenant for asserting their legal rights is prohibited and can result in additional liability.
I can be reached at [Phone/Email] to discuss immediate resolution.
Sincerely,
_______________________________
[Your Signature]
[Your Printed Name]
Enclosures:
- Copy of current lease agreement
- Rent increase notice dated [Date]
- Rent payment history/receipts
- [Local rent board registration/Certificate if applicable]
- Calculation of legal maximum rent
cc: [Local Rent Board, if applicable]
[Your attorney, if applicable]
🖩 Rent Control Violations Damages Calculator
Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.
📈 Estimated Damages Breakdown
Direct Damages
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Consequential Damages
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Emotional Distress (Est.)
$0
Statutory Penalties (Est.)
$0
TOTAL ESTIMATED DAMAGES
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Disclaimer: This calculator provides rough estimates for educational purposes only and does not constitute legal advice. Actual damages vary significantly based on specific facts, evidence strength, and many other factors. Consult with a qualified California attorney for an accurate case evaluation.
☑ Evidence Checklist - Gather Before Sending
- Lease Agreement - Your original lease showing initial rent amount and lease terms
- All Rent Increase Notices - Every written notice you've received, with dates and amounts
- Rent Payment History - Bank statements, canceled checks, or receipts showing what you've paid
- Local Rent Board Registration - If your city requires registration, request proof from landlord or rent board
- Property Age Verification - Certificate of occupancy date (from city building department) to check 15-year exemption
- Exemption Status Research - Verify if landlord properly claimed any exemption with required written notice
- Current CPI Data - Get the applicable CPI percentage from Bureau of Labor Statistics for your area
- Local Rent Control Ordinance - Download your city's rent control rules if applicable
How to Calculate Maximum Legal Rent
Under AB 1482: Take your base rent from 12 months ago, multiply by (1 + 0.05 + local CPI rate), cap at 10% total increase. Under local rent control: Check your city's annual allowable increase percentage. The lower cap applies if both laws cover your property.
🏙 California Cities with Local Rent Control
These cities have rent control ordinances that are often stricter than AB 1482. If you live in one of these cities, check local rules first:
| City | Typical Annual Cap | Notes |
|---|---|---|
| Los Angeles (RSO) | 3-8% | Rent Stabilization Ordinance covers buildings built before 10/1/1978 |
| San Francisco | ~1.6-2.5% | Based on 60% of CPI; covers buildings built before 6/13/1979 |
| Oakland | ~1-3% | Based on CPI; Just Cause for Eviction Ordinance |
| Berkeley | ~1-2% | Strict rent control; Rent Stabilization Board |
| San Jose | 5% | Apartment Rent Ordinance for buildings 3+ units |
| Santa Monica | ~0.7-3% | Based on 75% of CPI; very strict controls |
| West Hollywood | ~3-4% | Rent Stabilization Ordinance |
| East Palo Alto | ~1-3% | Rent Stabilization Ordinance |
Other cities with rent control include: Hayward, Richmond, Mountain View, Alameda, Inglewood, Pasadena, Glendale, and more. Contact your local housing department to verify.
? Frequently Asked Questions
What is AB 1482 and does it apply to my rental?
AB 1482, the California Tenant Protection Act of 2019, caps annual rent increases at 5% plus local CPI (maximum 10% total) for most residential rentals more than 15 years old. It applies unless your property qualifies for a specific exemption (single-family home with proper notice, owner-occupied duplex, new construction, etc.). Check Civil Code Section 1946.2 for the complete list of exemptions.
How much can my landlord raise rent in California?
Under AB 1482, the maximum is 5% plus local CPI, with a hard cap of 10% per year. However, many California cities have local rent control with stricter limits - Los Angeles RSO limits increases to 3-8%, San Francisco typically allows around 1.6-2.5%, and Oakland ranges from 1-3%. Always check your local rent control laws first, as they often provide stronger protections.
What properties are exempt from rent control?
Under AB 1482, exempt properties include: single-family homes and condos (with proper written notice), buildings less than 15 years old, owner-occupied duplexes, certain affordable housing with deed restrictions, and properties owned by specific nonprofits or housing authorities. Note that local rent control may have different exemptions - a property exempt from AB 1482 might still be covered by local law.
How do I know if my city has local rent control?
California cities with local rent control include Los Angeles, San Francisco, Oakland, Berkeley, San Jose, Santa Monica, West Hollywood, East Palo Alto, Hayward, Richmond, Mountain View, and several others. Contact your city's housing department or rent board to verify if your specific property is covered. Many cities have online databases to check property status.
What notice is required for a rent increase?
Under Civil Code 1947.12, landlords must provide written notice: 30 days for increases of 10% or less within a 12-month period, and 90 days for increases over 10%. The notice must be properly served in writing. If your landlord failed to provide adequate notice, the rent increase is invalid regardless of the amount.
Can I get back rent I overpaid?
Yes. If your landlord illegally raised rent above the legal limit, you're entitled to: a rollback to the legal rent amount going forward, reimbursement of all excess rent paid, interest on overpayments (required in some jurisdictions), and potentially attorney fees if you have to sue. Some cities allow treble (triple) damages for willful violations. Document all payments and calculate your total overcharges.
Need Help With a Rent Control Dispute?
For complex rent control violations, local rent board petitions, or landlord retaliation, I can help you assert your rights.
Contact: owner@terms.law📅 Schedule a Consultation
For ongoing rent control disputes or landlords who refuse to comply, book a call to discuss your options.
📝 Create Your Demand Letter
Generate a professional demand letter, CA court complaint, or arbitration demand