Under California Civil Code § 827, a rent increase on a month-to-month (or shorter) tenancy needs at least 30 days' written notice if it is 10% or less over the past 12 months, and at least 90 days' if it is more than 10%. If the notice is mailed within California, add 5 calendar days (Code of Civil Procedure § 1013), so mail it at least 35 or 95 days ahead. The notice period is separate from the rent cap: a correctly noticed increase must still fit within Civil Code § 1947.12 where that law applies.

At a glance

ItemRule
LawCivil Code § 827(b); amended by SB 1103, effective January 1, 2025
Applies toResidential tenancies from month to month or shorter
10% or lessAt least 30 days' written notice
More than 10%At least 90 days' written notice
How the 10% is measuredThis increase alone or combined with all other increases in the 12 months before the effective date
ExceptionIncreases from a required income or family-composition recertification need only 30 days
DeliveryPersonal delivery, or mail under CCP § 1013
Mail extension+5 calendar days within California; +10 days if either address is elsewhere in the US; +20 days if either is outside the US
Longer periodsAny statute, regulation, recorded regulatory agreement or contract requiring longer notice controls
Related limitThe rent cap (§ 1947.12) for covered housing

What the law says

The two notice periods

Section 827(b) sets the minimum notice for raising rent on a residential tenancy "from month to month, or for any shorter term":

  • 30 days if the increase is 10% or less of the rent charged to that tenant at any time during the 12 months before the effective date, counting this increase alone or combined with all other increases in those 12 months.
  • 90 days if the increase, measured the same way, is more than 10%.

The combined test matters. Two smaller increases in the same 12 months can add up to more than 10%, and the second one then needs 90 days' notice.

Recertification exception. If the increase results from an income or family-composition recertification required by statute or regulation, 30 days' notice applies even when the increase is over 10% (§ 827(b)(3)(B)).

Longer notice wins. If another statute, a regulation, a recorded regulatory agreement or the contract itself requires longer notice, the longer period governs (§ 827(c)).

How the notice must be delivered

The notice must be in writing and delivered personally, or by mail under Code of Civil Procedure § 1013 (§ 827(b)(1)). Section 827 does not list substituted service or posting and mailing for rent increases, the methods used for three-day notices.

The mail extension

Section 827 makes a mailed notice "subject to Section 1013 of the Code of Civil Procedure." Under CCP § 1013(a), service by mail is complete when the notice is deposited in the mail, and the notice period is extended by:

Where mailed from and toExtra time
Both in California5 calendar days
Either one elsewhere in the United States10 days
Address in the Secretary of State's address confidentiality program12 days
Either one outside the United States20 days

For the common case of an owner in California mailing to a California rental, that means mailing the notice at least 35 days before a 30-day increase takes effect, or at least 95 days before a 90-day increase. An owner living in another state who mails the notice adds 10 days instead.

How § 827 fits with the rent cap

Section 827 controls how much notice you give. The rent cap in Civil Code § 1947.12 controls how much rent can go up, and § 1947.12(e) says increases under the cap must follow § 827. For a covered unit, the cap usually keeps an increase under 10%, so the 30-day period applies; in San Diego County the cap is 8.2% for increases effective August 1, 2026 through July 31, 2027. A home that is exempt from the cap can be raised by more than 10%, and then the 90-day notice applies.

Other changes that use § 827 notice

Section 827 also governs some changes to the terms of a periodic tenancy. Two examples:

  • Adding a smoking ban to a lease signed before January 1, 2012 is a change of terms requiring § 827 notice (Civil Code § 1947.5).
  • A temporary cash-only payment requirement after a bounced or stopped check (allowed for up to three months) must also comply with § 827 if it changes the lease terms (Civil Code § 1947.3).

Worked examples

  1. Covered unit, one increase. Rent has been $3,000 all year. The owner raises it to $3,200 (about 6.7%). That is 10% or less, so 30 days' notice. Hand-delivered: at least 30 days before the effective date. Mailed within California: at least 35 days before.
  2. Two increases in 12 months. An exempt home went from $3,000 to $3,150 in March. In November the owner wants $3,350. Combined, the rent rises $350 over $3,000, about 11.7%, so the November increase needs 90 days' notice, or 95 days if mailed within California.
  3. Recertification. A tenant's rent rises 15% because a required income recertification shows higher income. Thirty days' notice is enough.

Because the statute compares against the rent charged at any time in the prior 12 months, checking the percentage against the lowest rent in that window is the cautious way to decide between 30 and 90 days. The notice period calculator can help with the dates.

What owners should do

  1. Confirm the tenancy is month to month or shorter. Section 827 sets the notice rules for those tenancies.
  2. Check the cap first if the property is covered by § 1947.12, using the rent increase calculator.
  3. Add up all increases in the 12 months before the new effective date to decide between 30 and 90 days.
  4. Choose the delivery method. Personal delivery uses the base period. Mail adds 5 calendar days within California and more from out of state.
  5. Check for longer requirements in the lease, a regulatory agreement, or other law.
  6. Check for blocks. A landlord may not issue a rent-increase notice while the unit has been cited by a public officer for serious habitability problems that remain unabated, without good cause, 35 days after the notice to repair, unless the tenant caused them (Civil Code § 1942.4). A landlord also may not raise rent in retaliation within 180 days after certain good-faith tenant complaints or proceedings about habitability, where the tenant is not behind on rent (Civil Code § 1942.5(a)).
  7. Keep a copy of the notice and proof of how and when it was delivered.

What tenants should know

  • On a month-to-month tenancy, you are entitled to at least 30 days' written notice of an increase, or 90 days if the total over 12 months is more than 10%.
  • If the notice was mailed, the period is longer: 5 extra calendar days if mailed within California.
  • A notice that gives enough time can still be unlawful if the amount exceeds the rent cap for a covered unit. See California's rent cap.
  • Raising rent in retaliation for lawfully exercising your rights, or for joining a tenants' association, is unlawful under Civil Code § 1942.5(d). In that kind of claim the tenant must first produce evidence that the increase was retaliatory.
  • If a public officer has cited your unit for serious conditions that remain unrepaired 35 days after the notice to repair, § 1942.4 bars the landlord from issuing a rent-increase notice, and the tenant may recover actual damages plus special damages of $100 to $5,000.

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

Local rules

Some California cities add local rules on rent increases on top of state law. Coronado has no local rent-control ordinance as of October 2026 (based on a review of its code's contents), so the state notice periods apply there; see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.

Recent and upcoming changes

  • January 1, 2025 (SB 1103): the current version of § 827 took effect.
  • January 1, 2027 (SB 1365): the emergency rule in Penal Code § 396, which bars rent increases over 10% for 30 days after a state or local emergency declaration, will apply to rental housing of any lease length. Until December 31, 2026 it covers only leases with an initial term of one year or less.

Frequently asked questions

How much notice is needed for a rent increase in California?

For a month-to-month tenancy, at least 30 days' written notice if the increase is 10% or less over the past 12 months, and at least 90 days if it is more than 10%. Add 5 calendar days if the notice is mailed within California.

Does mailing the notice add time?

Yes. Section 827 makes mailed notices subject to CCP § 1013, which extends the period by 5 calendar days when both addresses are in California, and by 10 days when either is elsewhere in the United States.

Can a rent increase notice be emailed or posted on the door?

Section 827(b) names personal delivery and mail under CCP § 1013. It does not list substituted service or posting and mailing, and this page does not cover email for rent increases, so use one of the two listed methods.

Do two small increases count together?

Yes. The 10% test counts the new increase combined with all other increases in the 12 months before its effective date. If the total exceeds 10%, the notice must be 90 days.

Is a 90-day notice possible on a rent-capped unit?

Rarely, because the cap usually keeps covered increases under 10%. In San Diego County the cap is 8.2% for increases effective August 1, 2026 through July 31, 2027. Exempt homes can exceed 10%, and then 90 days applies.

Does this apply to a fixed-term lease?

Section 827(b) addresses tenancies from month to month or shorter. This page does not cover increases during a fixed term, so check the lease and ask a California attorney.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

Verified October 19, 2026.

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