A letter arrives saying the rent will go up by several hundred dollars next month, or that the landlord wants the unit back. For someone living on Social Security, SSI or a caregiver’s hourly pay, that letter can be the start of a move nobody can afford.
Before reacting, find out whether the home is covered by California’s Tenant Protection Act of 2019, the law usually called AB 1482. It does two things for covered rentals: it caps how much the rent can rise in a year, and after a tenant has lived there a set time it limits the reasons a landlord can end the tenancy. It does not apply to every rental, and a stricter local rent control law, where one exists, can give more protection still.
This guide explains how the state law generally works. It is general information, not legal advice, and the rules have exceptions that matter. If you have received a notice, the free help at the end of this guide is the next call to make.
The Two Laws Inside the Act
The Tenant Protection Act is written into two sections of the California Civil Code.
- Civil Code section 1947.12 is the rent cap.
- Civil Code section 1946.2 is the just-cause rule for ending a tenancy.
The two have slightly different exemption lists, so a home can be exempt from one and not the other. The Act is currently scheduled to remain in effect until January 1, 2030 unless the Legislature extends it.
How the Rent Cap Is Calculated
For a covered rental, the total rent increase over any 12-month period may not exceed 5 per cent plus the percentage change in the cost of living, or 10 per cent, whichever is lower. The cost-of-living figure is the regional Consumer Price Index the statute names, measured over a set period, so the exact cap differs by region and by year.
A few practical points:
- The limit is over any 12 months, not per notice. A landlord cannot get around it by issuing two smaller increases close together. The statute also limits how many increases can be made in a 12-month period.
- The base is the lowest rent charged in the previous 12 months. If you received a temporary discount, ask how it was treated.
- New tenancies can start at any rent. The cap applies to increases during a tenancy, not to the rent a landlord sets for a new tenant.
- Local rent control can be stricter. Several California cities have their own rent stabilisation ordinances with lower caps and their own rent boards. Where a local ordinance covers the unit, its stricter rules generally apply.
Separately from the cap, California’s notice rules apply to every rental. Under Civil Code section 827, a landlord must generally give at least 30 days’ written notice of a rent increase of 10 per cent or less, and 90 days’ notice for a larger one.
Which Homes Are Covered, and Which Are Not
Most apartments in buildings more than 15 years old are covered. The main exemptions are:
- Newer housing. Housing that received its certificate of occupancy within the previous 15 years. This is a rolling window, so buildings come under the cap as they age.
- Single-family homes and condominiums rented out by an owner who is not a corporation or a real estate investment trust, but only if the tenant has been given a specific written notice that the home is exempt. The required wording is set out in the statute. If you rent a house and never received that notice, the exemption may not apply.
- An owner-occupied duplex, where the owner lives in one of the two units.
- Deed-restricted affordable housing and certain other housing already subject to affordability rules.
- Dormitories, hotels and some shared living arrangements, including certain situations where the tenant shares a bathroom or kitchen with an owner who lives there.
If you are not sure whether your home is covered, look at the lease and any notices the landlord gave you at the start of the tenancy, and check the county assessor’s records for the year the building was built.
Just Cause: When a Landlord Can End a Tenancy
Once a tenant has lawfully occupied a covered unit for 12 months, the landlord generally needs a just cause, stated in the written notice, to end the tenancy. (In some cases where a new adult tenant joins an existing tenancy, the period can be 24 months.) The law divides just cause into two kinds.
At-fault just cause relates to the tenant’s conduct. Examples include not paying rent, a material breach of the lease, nuisance, certain criminal activity on the property, and refusing to allow lawful entry. For a breach that can be corrected, the landlord must generally give a notice to cure, and the opportunity to put it right, before ending the tenancy.
No-fault just cause does not depend on anything the tenant did. The main examples are:
- Owner move-in: the owner, or the owner’s spouse, domestic partner, child, grandchild, parent or grandparent, intends to live in the unit. Amendments that took effect in 2024 require the notice to name the person moving in, and generally require that person to move in within a set period and live there for at least 12 months. For leases entered into after mid-2020, the lease itself generally has to allow an owner move-in.
- Withdrawal of the unit from the rental market.
- A government or court order requiring the tenant to leave.
- A substantial remodel that cannot be done safely with the tenant in place and that requires permits. Cosmetic work does not count, and the notice must describe the work.
Relocation Assistance for No-Fault Endings
When a covered tenancy is ended for a no-fault reason, the landlord must either pay relocation assistance equal to one month’s rent within a short period after giving the notice, or waive the final month’s rent in writing before it is due. The notice itself must tell the tenant about this right.
Local ordinances in some cities require considerably more relocation money, and some give extra protection to older adults, people with disabilities and households with children. Check whether your city has its own rules.
What to Do When a Notice Arrives
- Do not move out or stop paying rent in a panic. A notice is not an eviction. Only a court can order a tenant out, through an unlawful detainer case.
- Read the notice for the reason and the dates. A notice ending a covered tenancy should state the just cause. A rent increase notice should give the new amount and the date it takes effect.
- Work out whether the cap applies. Compare the increase with the lowest rent in the last 12 months, and check the building’s age and any exemption notice you received.
- Reply in writing. If you believe the increase exceeds the cap or the notice lacks a valid reason, say so politely in writing, cite the Civil Code section, and keep a copy. Many landlords correct the figure once it is pointed out.
- Keep paying the lawful rent while it is sorted out, and keep proof of every payment.
- If you are served with court papers, act immediately. An unlawful detainer summons gives a very short time to respond, counted in court days. Missing it can mean losing by default. Contact legal aid the same day.
California law also protects tenants from retaliation. Under Civil Code section 1942.5, a landlord generally may not raise the rent, reduce services or try to end a tenancy because a tenant exercised a legal right, such as complaining about repairs to a code enforcement agency. Retaliation within a period after a tenant’s protected action is presumed.
If a disability affects how you live in the home, our guide to disability accommodations and modifications for renters explains a separate set of rights that applies alongside these.
Where Older Renters and Caregivers Fit In
The state law does not create a special rent cap for older adults or people with disabilities, but the situations it addresses fall hardest on them. A few points worth knowing:
- Benefits rarely rise as fast as rent. If an increase leaves a Social Security or SSI recipient unable to cover rent, ask the county about rental assistance and check whether a household member could qualify for a housing voucher waitlist. Our guide to SSI when living with family explains how moving in with relatives can change an SSI payment, which matters if that is the fallback plan.
- A live-in caregiver may be an occupant, not a tenant. If an IHSS or private caregiver lives in the unit, read the lease and ask the landlord in writing before they move in. A landlord generally cannot refuse a live-in aide that a disabled tenant needs, but the request should be made properly.
- Someone acting for a parent needs authority to deal with the landlord. Our guide to power of attorney and conservatorship explains the documents.
Free Help
- Local legal aid organisations represent tenants at no cost if household income qualifies. LawHelpCA, the statewide directory, lists them by county.
- Your city’s rent board or housing department, if the city has one, can say whether a local ordinance applies and how to file a petition.
- Court self-help centres, run by the California courts, help unrepresented tenants respond to an unlawful detainer.
- The state’s official guide to tenant rights, available online, sets out the rules on deposits, repairs, notices and evictions in plain language.
- Your local Area Agency on Aging can often refer older renters to senior legal services. Our Area Agency on Aging guide explains how to reach it.
The Short Version
If you rent a unit in a building more than 15 years old, or a house whose owner never gave you the written exemption notice, the Tenant Protection Act probably caps your rent increases at 5 per cent plus inflation, never more than 10 per cent in 12 months. After 12 months, the landlord generally needs a stated just cause to end the tenancy, and a no-fault ending comes with one month’s rent in relocation money. A notice is not an eviction; reply in writing, keep paying the lawful rent, and call legal aid the same day if court papers arrive.
This guide is general information, not legal advice. Exemptions and local ordinances change the answer for many homes; confirm your situation with legal aid or your local rent board before relying on it.