California Rent Increase Notice Template

Notice Requirements Under Civil Code Section 827

Civil Code Section 827 sets an advance notice period for a rent increase. If the increase is 10 percent or less, the landlord must deliver the notice to the tenant at least 30 days before the effective date of the increase. The 10 percent test looks at this increase together with any other rent increases in the 12 months before the effective date.^[1]

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

Rent Increase Notice Form Details

The FormsPal template is titled Notice of Change in Terms of Tenancy. It is a one-page PDF that you can build online or download. The form states that all other terms of the tenancy stay in force, so it changes the monthly rent and any other terms you list. The table below summarizes the document and the statute that governs the advance notice period in days.

Landlords typically send a rent increase notice when the lease agreement in force is month-to-month. For the other rental documents, see our California rental lease agreement forms.

A completed notice shows:

• The names of the residents and the address of the property
• The current monthly rent and the new monthly rent
• The date the new rent takes effect and the rent due day
• Any other change to the tenancy
• The date and the signature of the owner or agent

What the Landlord and the Tenant Each Need

The landlord, or the landlord's agent, prepares and signs the notice, and the tenant receives a copy. Each side looks for different things on the page. The lists below show what the landlord enters and what the tenant should check.

The landlord enters:

• The names of every resident in possession and the address of the rental unit
• The new monthly rent, the current monthly rent and the rent due day
• The effective date of the new rent, counted in days from the day the tenant gets the notice
• Any other change to the terms of the tenancy
• The date and the owner or agent signature

The tenant checks:

• That the resident's name and the unit address are right
• That the new rent and the effective date match what the landlord stated
• How many days remain before the new rent starts
• That the proof of service shows the date and the way the copy was delivered

How to Fill Out a California Rent Increase Notice

Fill out the notice from top to bottom. Start with the tenant and the property, then the dates and the rent terms, then the owner's signature and the rent increase option you choose. The person who delivers the notice completes the proof of service at the end. The eight steps below follow the form, and each one shows the part of the form it covers.

1. TO line. Write the names of all residents on the TO line. The form asks for all residents and all others in possession. If more than one resident lives at the property, separate the names with commas.
   
2. Premises address. Enter the street address of the premises and the city. The form already prints the state.
   
3. Date the change takes effect. Write the date from which the new terms apply on the line after the word "or". The printed wording makes the change take effect 30 days after service of the notice or on this date, whichever is later.
   
4. Item 1, rent terms. Enter the monthly rent due day, the new monthly rent and the current monthly rent in US dollars. The form also asks for the new and the old rate of the fair rental value, which it calls "rental damages".
   
5. Item 2, other changes. List any other change to the terms of the tenancy on the lines provided. Leave the lines blank if there is nothing to add.
   
6. Date and OWNER/AGENT. Enter the date you sign, then the owner or the owner's agent signs on the OWNER/AGENT line. The form prints a credit report notice just above, and you do not fill in anything there.
   
7. Rent increase option. Choose the box for a rent increase of 10% or less or the box for an increase of over 10%. Then enter the new rental amount, the effective date and the rent due date for the box you chose. The form prints a note under each option about when that notice takes effect.
   
8. Proof of service. The person who delivers the notice fills out this section, not the owner. That person enters the date of service, ticks personal service, substitute service or post and mail, writes the resident's name and signs as declarant.
   

Ways to Deliver the Rent Increase Notice to a Tenant

The proof of service on the form lists three ways to deliver the notice to a tenant. The person who delivers it ticks the one that was used, enters the date of delivery and signs the declaration. Keep that page with your rent records, because it shows when the days before the new rent starts began.

• Personal service. A copy is handed to the resident in person.
• Substitute service. The resident is absent from the home or the usual place of business, so a copy is left with a person of suitable age and discretion. A second copy goes to the resident by first class mail on the same day.
• Post and mail. No person of suitable age or discretion is found, so a copy is posted in a conspicuous place on the rental property. A second copy goes to the resident by first class mail on the same day.

How to Sign and Deliver the Notice to the Tenant

After you fill out the notice, sign it, give a copy to each resident and keep a copy for your own records. The proof of service at the end of the form records how the copy reached the resident. The person who delivers the notice completes that section.

1. Download the PDF and complete it with our online PDF editor, or build the notice with the tool at the top of this page.
2. Check that the names, the address, the amounts and the dates match your rental records.
3. Sign and date the notice on the OWNER/AGENT line.
4. Give each resident a copy. For an increase of 10% or less, deliver it at least 30 days before the effective date.^[1] Count the days with our deadline calculator.
5. Deliver the copy in one of the three ways described in the section above.
6. Have the person who delivered the notice complete and sign the proof of service.
7. Keep a copy of the signed notice and the completed proof of service with your landlord records.

Frequently Asked Questions

How much notice does a California rent increase of 10 percent or less need?

The landlord must deliver the notice at least 30 days before the increase takes effect. Increases from the previous 12 months are added in when you work out the percentage.^[1]

Who fills out the proof of service on the form?

The person who delivers the notice fills it out, not the owner. That person enters the date of service, ticks the delivery method, writes the resident's name and signs.

What is the rent due day on the notice?

It is the day of each month on which the monthly rent is due, such as the 1st. The form asks for it in item 1 and again in the rent increase option, so enter the same day in both places.

Can I add other changes to the tenancy on the same notice?

Yes. The form has an Other changes item with three lines for any other change to the tenancy. Leave the lines blank if there is none.

General information, not legal or tax advice.

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Sources

Unless noted otherwise, the sources below are from the California Civil Code, published by the California Legislative Information.

1. California Legislative Information. California Civil Code § 827(b)(2).

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