California Civil Code 827: Rent Increase Notice Rules (2026)

✓ Law Verified September 28, 2026

California Civil Code 827 is the state law that sets how much warning your landlord must give before raising the rent on a month-to-month or week-to-week rental. Under California Civil Code 827, a raise of 10 percent or less needs at least 30 days’ written notice, and a raise of more than 10 percent needs at least 90 days.

The short answer: If your landlord’s letter cites California Civil Code 827, it is a rent increase notice for a periodic tenancy, such as month-to-month. The notice must be in writing. It must be handed to you in person or mailed under the rules in Code of Civil Procedure Section 1013. If the increase is 10 percent or less over the past 12 months, you get at least 30 days. If it is more than 10 percent, you get at least 90 days. A mailed notice gets extra time on top of that.

What California Civil Code 827 Actually Says

You can read the full text on the official California Legislature site. The section was last amended by SB 1103 (Stats. 2024, Ch. 1015), effective January 1, 2025. That is the version in force in 2026.

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California Civil Code 827 covers rentals that run week to week, month to month, or any period shorter than a month. It does not set a cap on how much rent can go up. Instead, it controls the timing. Your landlord must give you written notice before any rent increase takes effect.

The key detail is how the 10 percent is measured. The law looks at every increase over the 12 months before the new rent starts. For example, a 6 percent raise in March and a 5 percent raise in October add up to more than 10 percent. As a result, the second raise would need 90 days’ notice under California Civil Code 827, not 30.

Provision Exact rule Section
How notice must be given In writing, delivered personally or mailed under CCP Section 1013 827(b)(1)(A)-(B)
Increase of 10% or less (over 12 months) At least 30 days before the effective date 827(b)(2)
Increase of more than 10% (over 12 months) At least 90 days before the effective date 827(b)(3)(A)
Increase caused by income or family recertification At least 30 days, even if over 10% 827(b)(3)(B)
Mailed notice Notice period is “subject to” CCP Section 1013, which adds time 827(b)(2), (b)(3)(A)
Longer notice in another law or contract The longer period controls 827(c)
Other lease changes (not rent), month-to-month At least 30 days’ written notice 827(a)(1)

Who California Civil Code 827 Covers (and Who It Does Not)

California Civil Code 827 protects renters in periodic tenancies. That means week-to-week, month-to-month, or any rental term shorter than a month. In most cases, this is a renter whose original lease ran out and who kept paying monthly. It also covers renters who never signed a fixed lease at all.

However, if you are in a fixed-term lease, such as a one-year lease, your rent is typically set by that lease. Read your lease closely. California Civil Code 827 mainly applies once the lease turns month-to-month. It also has a special exception. If your rent goes up because of an income or family recertification required by law, only 30 days’ notice is needed. This often applies in subsidized housing.

The section also covers some small businesses that rent space, called “qualified commercial tenants.” For home renters, the bigger point is local law. Many California cities have rent control or just-cause rules that add more protection. California also has a statewide rent cap law. Check with your city housing office or a local legal-aid office to see what applies to you.

What Your Landlord Must Do Under This Law

Under California Civil Code 827, your landlord has three basic duties. First, the notice must be in writing. A text, phone call, or verbal comment is not the method this section describes. Second, it must be handed to you personally or mailed using the Section 1013 process. Third, it must arrive early enough.

Deadline check: Count backward from the date the new rent starts. For a raise of 10 percent or less over 12 months, you must get the notice at least 30 days before. For a raise of more than 10 percent, you must get it at least 90 days before. If the notice was mailed, Code of Civil Procedure Section 1013 adds extra days. Confirm the exact added time in that section or with legal aid.

Your landlord must also do the math honestly. California Civil Code 827 counts all increases in the 12 months before the effective date. For example, two small raises cannot be split up to dodge the 90-day rule. In addition, if another statute, regulation, recorded agreement, or contract requires longer notice, your landlord must follow the longer one. This often matters in affordable or subsidized housing.

What You Can Do When It Is Broken

First, stay calm and gather facts. Write down the date you got the notice and how it arrived. Keep the envelope if it was mailed. Then compare the new rent to every rent you paid in the last 12 months. Figure out whether the total increase is above or below 10 percent.

If the notice is too short under California Civil Code 827, you may be able to argue the higher rent is not yet in effect. In most cases, tenants keep paying the old rent on time until the proper date. You can respond in writing and politely point to the correct notice period. Keep a copy of your letter. However, California Civil Code 827 does not list a specific penalty for residential landlords.

As a result, the outcome depends on your facts and any local rules.

Do not simply stop paying rent. That can put you at risk of an eviction case. If you already got an eviction notice or court papers, contact a local legal-aid office or a tenant attorney right away. Eviction deadlines are short. Your city’s rent board, if you have one, may also help.

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Frequently Asked Questions

My landlord raised my rent by more than 10 percent with only 30 days’ notice. Is that allowed?

Under California Civil Code 827, a raise of more than 10 percent over 12 months needs at least 90 days’ notice. The one exception is a raise caused by a required income or family recertification. Many tenants in this spot can ask the landlord in writing to move the start date.

Does California Civil Code 827 limit how much my rent can go up?

No. This section controls how much notice you get, not the size of the increase. A statewide cap or local rent control may limit the amount. Check with your city or a local legal-aid office.

Can my landlord email or text me a rent increase?

The statute lists two methods for rent increases: personal delivery or mail under Code of Civil Procedure Section 1013. Email and text are not among them. Keep any message you received and ask a legal-aid office how it applies to you.

Bottom line: California Civil Code 827 gives month-to-month renters time to plan: at least 30 days for raises of 10 percent or less, and at least 90 days for bigger ones, counted over 12 months. Check the math, keep paying your current rent on time, and put any objection in writing. If an eviction notice shows up, contact a local legal-aid office or tenant attorney right away.

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Find Your State’s Exact Rules

Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.

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Sources & How to Verify

The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.

  • HUD: hud.gov — federal renter protections and fair housing
  • Legal Services Corporation: lsc.gov — find free legal aid in your state
  • Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
  • Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms

Content last reviewed September 2026. If you notice outdated information, please contact us.

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