Q&A:  What are the rules regarding rent increases?

Question: I am a widow who owns two homes. I live in one of the homes and rent the other to provide for most of my monthly living costs. Rents are going up, and I have been giving some thought to implementing a rent increase as my monthly living expenses are going up too. My tenant has been great and has been living there for more than 10 years on a month-to-month rental agreement. I want to do everything politely and correctly to avoid misunderstandings or bad feelings.

I have already done some research and learned that my city doesn’t have any rent control laws. But I was confused doing research on the Internet. Some sites had different rules about rent increases for tenants based on the length of their tenancy. What rules should guide my rent increase actions?

Answer: Although the Internet can be a valuable source for research, it can also give incorrect or incomplete information. You did the right thing by first confirming that your city has no special rent-control ordinances governing rent increases. When cities implement local rent-control ordinances, landlords have to be careful to comply or otherwise risk invalidation of the rent increase and strained relations between landlord and tenant.

You also raise a common misconception; while the length of a tenancy does affect the notice period for termination, it almost never affects the notice period for a rent increase. The general rule for month-to-month rental agreements is that a landlord must provide at least a 30-day notice of rent increase when the rent increase is 10% or less over a one-year period.

Confusion arises when the rent increase is more than 10%. In such case, the tenant is entitled to a 60-day notice pursuant to California Civil Code section 827. There are some exceptions to this 60-day rule — involving sales of rental properties and situations in which an additional tenant has moved into the unit in the past year — but these situations are not reflected in your question.

Consider contacting a local attorney, a fair housing or mediation program, or Project Sentinel at (888) 324-7468, or visit our website at https://www.housing.org.

Van Deursen is director of Dispute Resolution Programs for Project Sentinel, a Bay Area nonprofit. Send questions to info@housing.org.