Cal. Civ. Code § 827
California Civil Code
Operative Text
(a) (1) Except as provided in subdivision (b), in all leases of lands or tenements, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may, upon giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, change the terms of the lease to take effect, as to tenancies for less than one month, upon the expiration of a period at least as long as the term of the hiring itself, and, as to tenancies from month to month, to take effect at the expiration of not less than 30 days, but if that change takes effect within a rental term, the rent accruing from the first day of the term to the date of that change shall be computed at the rental rate obtained immediately prior to that change; provided, however, that it shall be competent for the parties to provide by an agreement in writing that a notice changing the terms thereof may be given at any time not less than seven days before the expiration of a term, to be effective upon the expiration of the term. (2) The notice, when served upon the tenant, shall in and of itself operate and be effectual to create and establish, as a part of the lease, the terms, rents, and conditions specified in the notice, if the tenant shall continue to hold the premises after the notice takes effect. (b) (1) In all leases of a residential dwelling, commercial real property by a qualified commercial tenant, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as follows, by either of the following procedures: (A) By delivering a copy to the tenant personally. (B) By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure. (2) If the proposed rent increase for that tenant is 10 percent or less of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 30 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail. (3) (A) If the proposed rent increase for that tenant is greater than 10 percent of the rental amount charged to that tenant at any time during the 12 months before the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months before the effective date of the increase, the notice shall be delivered at least 90 days before the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail. (B) If the proposed rent increase for that tenant is caused by a change in a tenant’s income or family composition as determined by a recertification required by statute or regulation, the notice shall be delivered at least 30 days before the effective date of the increase as described in paragraph (2), and subparagraph (A) of this paragraph shall not apply. (4) A landlord of a commercial real property shall include in the notice information on the provisions of this subdivision. (5) In all leases for commercial real property by a qualified commercial tenant, a rent increase shall not be effective until the notice period required by this subdivision has expired. (6) Notwithstanding any other provision of law, a violation of this subdivision by a landlord of a commercial real property does not entitle a qualified commercial tenant to civil penalties. (7) For the purposes of this subdivision, the following definitions apply: (A) “Commercial real property” means all real property in this state, except dwelling units subject to Chapter 2 (commencing with Section 1940) of Title 5 of Part 4 of Division 3, mobilehomes as defined in Section 798.3, and recreational vehicles as defined in Section 799.29. (B) “Microenterprise” has the same meaning as that term is defined in subdivision (a) of Section 18000 of the Business and Professions Code. (C) “Nonprofit organization” means any private, nonprofit organization that qualifies under Section 501(c)(3) of the United States Internal Revenue Code of 1986. (D) “Qualified commercial tenant” means a tenant of commercial real property that meets both of the following requirements: (i) The tenant is a microenterprise, a restaurant with fewer than 10 employees, or a nonprofit organization with fewer than 20 employees. (ii) (I) Subject to subclause (II), the tenant has provided the landlord, within the previous 12 months, a written notice that the tenant is a qualified commercial tenant and a self-attestation regarding the number of employees, at such time the protections under this subdivision come into place. (II) Unless the tenancy is from week to week, month to month, or other period less than a month, the tenant provided the notice and self-attestation described in subclause (I) before or upon execution of the lease, and annually thereafter, at such time the protections under this subdivision come into place. (c) If a state or federal statute, state or federal regulation, recorded regulatory agreement, or contract provides for a longer period of notice regarding a rent increase than that provided in subdivision (a) or (b), the personal service or mailing of the notice shall be in accordance with the longer period.
Cal. Civ. Code § 827 governs how and when a landlord can change the terms of a periodic tenancy—including raising the rent—for residential and certain commercial properties. For rent increases of 10 percent or less (measured against any rent charged in the prior 12 months), written notice must be delivered at least 30 days before the increase takes effect; for increases greater than 10 percent, at least 90 days' notice is required. The statute also sets out specific delivery methods for notice and clarifies that if a longer notice period is required by another law or contract, that longer period controls.
Plain English — not legal advice.
Under Cal. Civ. Code § 827, compliant residential and qualifying commercial landlords track all rent changes over the rolling 12-month window before any proposed increase to determine whether the 30-day or 90-day notice threshold applies. Notices are delivered either in person or by mail following the procedures in Code of Civil Procedure § 1013, and landlords of commercial real property include in the notice a reference to the protections under § 827(b). Operators also check whether any other statute, regulation, or recorded agreement requires a longer notice period, and if so, follow that longer timeline instead.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 827 gives residential tenants the right to receive written notice of a rent increase—at least 30 days in advance for smaller increases or at least 90 days in advance when the cumulative increase within the prior 12 months exceeds 10 percent. If a notice does not comply with these requirements, a tenant may be able to raise that deficiency as a defense in an eviction or other proceeding, or file a complaint with a local rent board if one exists in their jurisdiction. Tenant-rights organizations can help clarify how § 827 interacts with any local rent control ordinance or other law that might provide additional protections.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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