Rent Increase Notice: Laws, Requirements, and Rules Explained

Rent increases affect millions of tenants across the United States every year, and you may be one of them. And while landlords are generally allowed to raise rents, various laws limit when and by how much they can do so. Because these rules vary by state, city, and even county, we’ve created this simple guide to clarify these concepts. One important thing to remember is that tenants and landlords must understand the requirements for rent increase notices in order to comply with the law.

Keep reading this article to discover:

• How a rent increase notice works;
• What the notice of rent increase must include to be valid;
• When the California 90-day rent increase notice applies; and
• How state and local rent control rules affect rent increases.

Ready to learn about rent control, notice rules, and legal protections nationwide, with a special focus on California?

In the United States, rent control refers to laws or ordinances that set caps on residential rents. More broadly, rent control refers to several types of price control systems, including rent freezes, vacancy controls, and vacancy decontrol.

Some jurisdictions strictly limit rent increases, while others regulate them only during the term of a current lease. As of 2022, seven states (California, New York, New Jersey, Maryland, Maine, Oregon, and Minnesota), as well as Washington, D.C., have localities where some form of rent control is in effect. At the same time, many states prohibit or prevent rent control entirely. Rent regulation remains an issue primarily decided at the state and local levels, meaning rules can vary significantly from place to place.

Whether rent control applies or not, most states require landlords to provide advance notice of a rent increase before raising the rent. Although the exact time frame varies from state to state, common notice periods are as follows:

• 30 days’ written notice for smaller increases;
• 60 or 90 days’ written notice for larger increases; and
• Longer notice periods for long-term tenants.

The rent increase notice must generally be in writing and clearly state the new rent amount and the effective date. If a tenant has a fixed-term lease, the landlord typically cannot increase the rent before the lease expires, unless the lease explicitly allows for rent adjustments.

In many states, the law requires proper notice of rent increases; otherwise, the increase may be invalidated.

Rent control laws define the types of housing covered and often exempt newer buildings to avoid discouraging real estate development. For example, many cities exempt buildings constructed after a particular year. The frequency and level of rent increases are often linked to inflation, as measured by the consumer price index (CPI).

Local rent control commissions or housing departments are generally responsible for enforcing these regulations and handling tenant complaints. In large cities such as New York, Los Angeles, San Francisco, and Washington, D.C., rent stabilization programs cover a large portion of the rental properties.

State law requires landlords to provide written notice before increasing rent, regardless of whether the property is rent-controlled.

Under the California 90-day rent increase notice law, landlords must give:

• 30-day written notice if the increase is 10% or less; and
• 90-day written notice if the increase is more than 10%.

This means the California 90-day rent increase notice applies when a landlord raises rent above the 10% threshold within 12 months. The California 90-day rent increase notice law ensures tenants have enough time to adjust or relocate if necessary. If you are on a fixed-term lease, the landlord cannot increase the rent until the lease expires, unless the lease allows it.

The requirement to give notice of rent increases is intended to protect tenants from sudden and unexpected increases in housing costs. Proper notification gives tenants time to plan their budgets, negotiate, or move.

In California, strict enforcement of the 90-day rent increase notice protects housing stability and reduces displacement. The California 90-day rent increase notice law also helps prevent abuse by ensuring transparency and fairness in lease agreements.