Rent Disputes FAQ

California Assembly Bill 1482, known as the Tenant Protection Act of 2019, established statewide rent control for the first time in California history. Under Civil Code Section 1947.12, covered properties are limited to annual rent increases of no more than 5 percent plus the local Consumer Price Index (CPI), with a maximum cap of 10 percent total regardless of inflation.

The law applies to most residential rental properties that are more than 15 years old, including apartments, condominiums, and single-family homes unless specifically exempted.

Exemptions include:

• Properties built within the last 15 years
• Single-family homes owned by individuals (not corporations) where proper written notice has been provided
• Certain affordable housing units
• Properties already covered by stricter local rent control ordinances

The rent cap applies to the total rent increase over any 12-month period, preventing landlords from implementing multiple smaller increases that cumulatively exceed the limit. Landlords must provide at least 30 days written notice for increases of 10 percent or less, or 90 days notice for increases greater than 10 percent.

Determining whether your California rental is covered by rent control requires checking both statewide protections under AB 1482 and any local rent control ordinances that may apply.

For AB 1482 coverage, your rental is likely covered if:

• The building is more than 15 years old
• It is not a single-family home owned by a natural person (not a corporation, LLC, or REIT) who has provided the required written notice of exemption

Many California cities have their own rent control laws that may be stricter than AB 1482, including San Francisco, Los Angeles, Oakland, Berkeley, San Jose, and others.

To verify your property's status:

• Check if your landlord provided an AB 1482 exemption notice when you moved in or with a rent increase notice
• Look up your city's rent control ordinance if one exists
• Contact your local housing department or rent board
• Check the age of your building through public property records

If your landlord claims an exemption but has not provided proper written notice, you may still be entitled to AB 1482 protections.

If your California landlord raises rent beyond the legal limit under AB 1482 or local rent control, you have several options to contest the increase:

1. Verify coverage and calculate limits: Confirm your property is covered and calculate the maximum allowable increase based on current rent, the percentage cap, and local CPI adjustment.
2. Send written notice: Dispute the increase in writing, citing the specific law being violated and the correct maximum rent amount.
3. Pay only the lawful amount: Refuse to pay the excess while continuing to pay the lawful rent.
4. File a rent board complaint: If your city has a rent board, file a complaint and request a hearing for rent reduction and damages.
5. File a civil lawsuit: In cities without rent boards, sue to recover excess rent paid in small claims court (up to $12,500).

Under AB 1482, tenants can recover the excess rent charged plus reasonable attorney fees. Document all rent payments, notices, and communications. Be aware that retaliating against tenants for exercising legal rights is prohibited under Civil Code Section 1942.5.

California law requires landlords to provide written notice before increasing rent, with the notice period depending on the size of the increase:

• 30 days notice: For rent increases of 10 percent or less of the lowest rent charged during the preceding 12 months
• 90 days notice: For rent increases greater than 10 percent

These notice requirements apply to month-to-month tenancies under California Civil Code Section 827. For tenants with fixed-term leases, the landlord generally cannot increase rent until the lease expires unless the lease specifically allows for increases during the term.

The notice must be properly served under California law through:

• Personal delivery to the tenant
• Leaving it with a person of suitable age at the residence
• Posting and mailing if other methods fail

The notice should clearly state the new rent amount, the effective date, and how the increase was calculated if the property is subject to rent control. If proper notice is not given, the rent increase is invalid until proper notice is provided and the required time period has passed.

No, California law limits late fees to amounts that represent a reasonable estimate of the landlord's actual costs resulting from late payment. Under Civil Code Section 1671, late fees in rental agreements are considered liquidated damages and must not be structured as penalties.

Courts have generally found that late fees exceeding 5 to 6 percent of the monthly rent may be considered unreasonable and unenforceable penalties. Additionally, landlords cannot charge late fees unless the lease specifically authorizes them.

Key points about late fees:

• Must be specified in the lease agreement
• Must represent a reasonable estimate of actual damages
• Cannot be charged until any grace period expires
• Fees exceeding 5-6% of rent are often challenged

If you are charged what appears to be an excessive late fee, you may challenge it by paying your rent without the fee and disputing the charge in writing. In an eviction proceeding, you can argue that excessive late fees are unenforceable. Some cities with rent control have additional restrictions on late fees.

California Civil Code Section 1950.5 strictly limits security deposits for residential rentals. The law was updated effective July 1, 2024, by Assembly Bill 12:

• Most landlords: Maximum of one month's rent
• Small landlords (no more than 2 properties with 4 units total): Maximum of two months' rent
• Furnished units (pre-AB 12): Maximum of three months' rent

These limits apply regardless of what the deposit is called, whether security deposit, cleaning fee, pet deposit, or any other name. Landlords cannot charge non-refundable deposits or fees, as all deposits must be refundable.

Deposits can only be used for:

• Unpaid rent
• Cleaning costs to restore the unit to its condition at move-in
• Repair of damages beyond normal wear and tear
• Restoration of replaced furniture for furnished units

Within 21 days of the tenant moving out, landlords must either return the full deposit or provide an itemized statement explaining any deductions. Violations entitle tenants to recover wrongfully withheld amounts plus potential statutory penalties.

Generally, your landlord cannot increase rent during a fixed-term lease in California unless the lease agreement specifically includes a provision allowing for rent increases. When you sign a lease for a specific period, such as one year, the rent amount is typically fixed for that entire term.

Important considerations:

• If your lease contains a rent increase clause, any increase during the term must still comply with AB 1482 rent cap limitations if your property is covered
• Some leases include automatic escalation clauses specifying when and how much rent will increase
• These clauses are generally enforceable if they comply with rent control limits

For month-to-month tenancies, landlords can increase rent at any time with proper written notice, typically 30 days for increases of 10 percent or less.

If your landlord attempts to increase rent mid-lease without contractual authorization, you can refuse to pay the increase and continue paying the agreed-upon lease amount. Document the original lease terms and any communications about the attempted increase in case of disputes.

When you pay rent late in California, several consequences may follow depending on your lease terms and how late the payment is:

1. Grace period applies: Any grace period specified in your lease applies before late fees can be charged (typically 3-5 days).
2. Late fees assessed: After the grace period, your landlord may charge a reasonable late fee as specified in the lease.
3. 3-day notice served: If rent remains unpaid, your landlord may serve a 3-day notice to pay rent or quit, the first step in the eviction process.

The 3-day notice gives you three days (excluding weekends and court holidays) to pay the full amount of rent owed or vacate. This notice can only demand rent, not late fees or other charges. If you pay within the three-day period, the landlord must accept payment and cannot proceed with eviction.

Late payment also creates a record that may affect future rental applications. Repeated late payments, while not grounds for immediate eviction under just cause requirements, may eventually support an eviction for breach of lease terms after proper notice.

Yes, you can always attempt to negotiate rent with your landlord in California. Several strategies may improve your success:

Timing matters:

• When your lease is up for renewal
• During periods of high vacancy in your building or area
• During slower rental seasons (typically winter)
• When you have been a reliable long-term tenant

Prepare your case:

• Document your positive rental history (on-time payments, good property care)
• Research comparable rents in your area
• Note any issues with the unit that reduce its value
• Highlight your intention to stay long-term

When negotiating:

• Be professional and present your request in writing
• Offer something in return (longer lease, minor maintenance, advance payment)
• Be prepared to compromise

Even in rent-controlled areas, landlords are entitled to the maximum allowable increase, so negotiations may focus on whether to implement the full permitted increase.

Local rent control ordinances in California cities often provide stronger tenant protections than the statewide AB 1482 law. When both apply, the stricter regulation generally controls.

AB 1482 establishes a floor of protection, capping rent increases at 5 percent plus CPI (maximum 10 percent) and requiring just cause for eviction after 12 months of tenancy.

Local ordinances may differ in several ways:

• Lower rent increase limits: Some cities cap annual increases at CPI alone without the additional 5 percent
• Broader property coverage: Local laws may cover newer buildings or property types exempted under AB 1482
• Registration requirements: Some cities require landlords to register rental units and pay fees
• Rent boards: Some cities have boards to hear tenant complaints, providing simpler dispute resolution
• Banking restrictions: Accumulation of unused rent increases may be prohibited or limited
• Earlier just cause protection: May apply from tenancy start rather than after 12 months

Cities with local rent control include San Francisco, Los Angeles, Oakland, Berkeley, and San Jose. Research your city's specific provisions in addition to AB 1482 protections.