Challenging Illegal Rent Increases in California

If you’re renting a home or apartment in California, you’re likely aware that the state has important laws designed to prevent unreasonable rent hikes. Sometimes, however, landlords may attempt an illegal rent increase, going above what’s allowed by California's tenant protection laws. Understanding your rights and the steps you can take to challenge such increases is crucial for keeping your housing stable.

Understanding Legal and Illegal Rent Increases in California

California’s statewide rent control law, the California Civil Code Section 1947.12 (Tenant Protection Act of 2019), limits how much rents can be increased each year for many apartments built before January 1, 2005. Additional protections often exist in cities with their own rent control ordinances.

• Annual rent increases are generally capped at 5% plus the local inflation rate, or 10%, whichever is lower
• Your landlord must give written notice in advance (30 days for increases under 10%; 90 days for increases 10% or more)
• Some single-family homes and newer constructions may be exempt. Always check your local city or county for stricter rules

If your rent increase exceeds these limits, or is done without proper notice, it may be considered illegal.

Steps to Challenge an Illegal Rent Increase

Act quickly and follow official procedures if you suspect your rent increase isn’t legal. Here’s how to respond:

1. Review Your Lease and the Law

• Read your lease for any provisions on rent adjustments
• Check whether your unit is covered under statewide rent control or a local ordinance (such as those in Los Angeles or San Francisco)
• Review the Tenant Protection Act to know the rent caps for your situation

2. Communicate with Your Landlord

• Contact your landlord in writing and ask them to correct the rent to a lawful amount
• Refer to the law in your letter; keep a copy for your records

3. File a Complaint with the Appropriate Authority

• If your landlord won’t comply, reach out to your local rent board or city housing department
• For units under statewide protection (but not local control), contact the California Department of Consumer Affairs
• If your city has a rent stabilization program (such as the Los Angeles Housing Department), file a complaint there

If you receive a rent increase you believe is illegal, do not pay the increased amount until you have verified it is lawful and explored all your options.

4. Complete and Submit the Relevant Forms

• City-specific Complaint Forms: Many cities provide their own rent increase complaint forms, like the LAHD RSO Complaint Form (Los Angeles)
• California Department of Consumer Affairs: Use their Consumer Complaint Form to report illegal activity if no local program exists

Example: A renter in Los Angeles receives a 15% rent increase notice. The renter completes the LAHD RSO Complaint Form, attaches a copy of the rent increase notice, and submits it online to the Los Angeles Housing Department.

5. Consider Mediation or a Hearing

• Your city’s rent board (e.g., Los Angeles Housing Department or San Francisco Rent Board) may offer mediation or an administrative hearing
• You can present your case and request that the increase be rolled back

Your local rent board is the official tribunal that resolves disputes relating to rent increases and rent control in your city. Always use their official website for rules, guidance, and forms.

6. Withhold or Pay Under Protest (With Caution)

If you decide to withhold the increase or pay under protest, note that eviction laws are complex. Document everything, and seek legal advice if possible before taking this step.

What Forms Might I Need?

• Local Rent Board Complaint Form: Used to officially report a suspected illegal increase (see your city’s rent board for the correct form)
• California DCA Consumer Complaint Form: Used for statewide protections
  File a complaint with the Department of Consumer Affairs

Using the right form ensures your complaint is handled quickly and by the right officials.

FAQ

1. What is considered an illegal rent increase in California?
   A rent increase is illegal if it exceeds the annual cap under statewide or local rent control laws, or if the notice requirements are not met.
2. How much can my landlord increase my rent each year?
   Most rent-controlled units cannot see annual increases above 5% plus inflation, or a combined maximum of 10%.
3. What can I do if my landlord will not lower the rent after an illegal increase?
   You can file a complaint with your local rent board or the California Department of Consumer Affairs and request a hearing or mediation.
4. Will challenging an illegal rent increase put me at risk of eviction?
   No, state law protects tenants from eviction or retaliation when they assert their rights against unlawful rent increases.
5. Where do I get the right complaint forms?
   Obtain official forms from your local rent board website or from the Department of Consumer Affairs for statewide situations.

Key Takeaways

• California law limits how high and how often your landlord can raise your rent
• If you receive a suspicious rent increase, check coverage and rules before paying
• Use official forms and resources to file complaints and protect your rights

Staying informed about rent control rules and acting promptly is your best defense.

Need Help? Resources for Renters

• California Department of Housing & Community Development: Tenant Rights
• California Department of Consumer Affairs: Tenants
• Los Angeles Housing Department (Rent Stabilization/Board)
• San Francisco Rent Board
• Santa Cruz County Housing Authority: Tenant Protections
• Call 1-800-952-5210 for statewide tenant questions (California DCA)

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1. California Civil Code Section 1947.12 (Tenant Protection Act of 2019)
2. Los Angeles Rent Stabilization Ordinance
3. San Francisco Rent Ordinance
4. California Department of Consumer Affairs – Tenants

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