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Landlord raised rent 12% - is this legal under AB 1482?

Started by confused_renter_la · Apr 14, 2024 · 9 replies
For informational purposes only. California landlord-tenant law varies by jurisdiction.
CR
confused_renter_la OP

My landlord just sent a notice they're raising my rent from $2,200 to $2,464 starting February 1st. That's a 12% increase!

I thought California had rent control now with AB 1482? The Tenant Protection Act or whatever it's called. Isn't there supposed to be a cap at 5% + inflation?

Some details:

  • I'm in Los Angeles (unincorporated area)
  • Building was built in 1985
  • I've been here 3 years
  • It's an 8-unit apartment complex

Is this legal? What can I do?

TL
TenantLaw_LA Attorney

Good news - you're almost certainly covered by AB 1482 (California Tenant Protection Act). Let me break down the calculation:

AB 1482 caps rent increases at: 5% + local CPI, OR 10% - whichever is LOWER.

For LA County in 2024, the CPI increase is approximately 4.1%. So your maximum allowable increase would be:

  • Option A: 5% + 4.1% = 9.1%
  • Option B: 10% (hard cap)
  • Your max increase: 9.1% (lower of the two)

At $2,200 current rent, the maximum they can raise it to is approximately $2,400. They're asking for $2,464, which is $64 over the legal limit.

There's a rent control calculator that can give you the exact numbers for your situation.

RE
RealEstate_Observer

Hold on - need to check if OP's unit is actually covered. AB 1482 has exemptions:

  • Single-family homes (with certain conditions)
  • Buildings less than 15 years old
  • Owner-occupied duplexes
  • Some affordable housing

OP said building was built in 1985, so it's over 15 years old. 8 units means not a duplex. Unincorporated LA doesn't have its own rent control, so AB 1482 should apply.

One catch: did your landlord ever give you written notice that the unit is exempt? Under Civil Code 1946.2(f), they're required to notify you in writing if they claim exemption.

CR
confused_renter_la OP

No, I never got any exemption notice. Just the rent increase notice. What should I do now? Send a letter back?

TL
TenantLaw_LA Attorney

Yes, respond in writing. Here's what to include:

  1. Cite AB 1482 (Civil Code Section 1947.12)
  2. State the maximum allowable increase calculation
  3. Note you never received an exemption notice
  4. Request they correct the notice to comply with the law

Keep it professional. Something like: "I received your rent increase notice dated [date]. Under California Civil Code Section 1947.12 (AB 1482), rent increases are capped at 5% plus CPI or 10%, whichever is lower. Based on current LA County CPI of 4.1%, the maximum allowable increase is 9.1%, which would be $[amount]. Please provide a corrected notice."

Send via certified mail and keep a copy.

LL
LandlordLife_CA

Landlord here (not OPs landlord obviously). This is probably just a mistake - we have to manually look up CPI each year and calculate the max. Easy to mess up.

Most landlords will correct it once notified. If they push back, that's when you escalate to the city or get legal help.

One thing to note: the CPI used is from April of the prior year. So for a Feb 2024 increase, you'd use April 2024 CPI. Make sure you're using the right number in your calculation.

CR
confused_renter_la OP

UPDATE: Sent the letter on Monday. Got a call from the property manager today. They said their software "miscalculated" and they're sending a corrected notice for $2,398 (8.9% increase).

I double-checked with that rent control calculator someone linked - the math checks out now. Still a big increase but at least it's legal.

Thanks everyone for the help!

HM
HousingMatters

Good outcome! For others reading this later: if your landlord refuses to correct an illegal rent increase, you have options:

  • Contact local housing authority or tenant rights organization
  • File complaint with CA Attorney General
  • You can pay the legal amount and dispute the excess
  • Small claims court for recovery of overpaid rent

Document everything. Keep all notices and your response letters.

JK
JKirby_TenantRights Attorney

Great resolution. One more thing for the record: AB 1482 also requires proper notice periods. For increases over 10%, landlords must give 90 days notice (though obviously anything over 10% would be illegal anyway). For increases up to 10%, it's 30 days.

Also note that some California cities have their own rent control that's stricter than AB 1482 - LA city, SF, Oakland, etc. If you're in one of those cities, the LOCAL rules apply and might cap you lower than state law.

RC
RentControlExpert

For anyone finding this thread later: the rent control calculator mentioned is super helpful for verifying your landlord's math. It shows you the exact CPI for your region and calculates the max increase.

Also FYI - AB 1482 expires in 2030 unless extended, so keep an eye on that. Some cities are passing their own permanent rent control in anticipation.

Related Calculator

Calculate maximum allowable rent increases under AB 1482 and local rent control

Rent Control Calculator

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