What is California Civil Code Section 827?
California Civil Code Section 827 primarily governs the requirements for landlords to provide notice when increasing rent for residential tenants. It stipulates that the length of notice required depends on the percentage of the rent increase.
Understanding California Civil Code Section 827
California Civil Code Section 827 addresses a crucial aspect of landlord-tenant relationships: rent adjustments. Its main purpose is to ensure that tenants receive adequate notice before a rent increase takes effect, allowing them to make informed decisions and prepare for the change. This code protects tenants from abrupt rent hikes while also providing clear guidelines for landlords.
Notice Requirements for Rent Increases
Under California Civil Code Section 827, the specific amount of notice a landlord must provide for a rent increase is tied to the magnitude of the increase. This tiered notice system ensures fairness based on the financial impact on the tenant.
The code outlines the following for certain rent increases:
| Rent Increase Percentage (Over Preceding 12 Months) | Minimum Written Notice Required |
|---|---|
| 10% or less | 30 days |
For instance, if a landlord intends to increase the rent by 5% (which is 10% or less of the rent charged at any time during the preceding 12 months), they are legally required to provide the tenant with at least 30 days' written notice before the new, higher rent can be collected.
Practical Implications for Tenants and Landlords
Understanding Civil Code Section 827 is vital for both parties in a rental agreement:
- For Tenants:
- Know Your Rights: Tenants should be aware that landlords cannot suddenly increase rent without proper written notice.
- Verify Notice Period: If you receive a rent increase notice, check if it complies with the minimum notice period based on the increase amount.
- Plan Ahead: The notice period provides time to adjust your budget or explore other housing options if the increase is not feasible.
- For Landlords:
- Adhere to Notice Periods: Landlords must strictly follow the notice requirements to avoid legal disputes and ensure rent increases are enforceable.
- Provide Written Notice: All rent increase notices must be in writing.
- Calculate Correctly: Accurately determine the percentage of the rent increase relative to the rent charged in the last 12 months to apply the correct notice period.
Adherence to these guidelines helps foster a clear and legally compliant rental environment.
