Rent Increases

HOUSING TOPICS
FAIR HOUSING (Discrimination)
Recent FH Issues

RENTAL ISSUES
Rent Increases
Eviction
Security Deposit
Habitability
Entry of Premises
Retaliation
Utility Charges

Flood Information

RESOURCES
New! Forms
Law Index
Landlord FAQ
Tenant FAQ
Office Hours
Fundraising
Contact Us
Local Agencies

ARTICLES
"Audit find Napa Latino renters face discrimination, " Cristina de Leon-Menjivar, NVR

Building Inspectors keep a look out for safety and code compliance," Kevin Courtney, NVR

All Articles

Rent Increases

In Napa County only the cities of American Canyon and Calistoga have any rent control ordinances. In American Canyon the ordinace controls prices of space rentals for mobile homes.

Aside from these cities, no other part of Napa County is governed by rent control ordinances. As such, Napa County rent increases are governed by California Law, which does not limit the size of an increase, but does require certain notice based on the size of the increase. For a landlord to raise a tenant's rent they must first provide a tenant with written notice informing the tenant of the new rent rate and when it will take effect. Landlords cannot increase rent on their tenants with fixed term leases. This however does not relieve landlord from their obligation to give proper notice prior to a rent increase.

Table 2: Rent Increase Notice Requirements

Rent Increase*	Type of Notice
Up to 10%	30 Day Written Notice
More than 10%	60 Day Written Notice

* - The % increase should be calculated as an increase in rent from 1 year before the notice.

827. (a) Except as provided in subdivision (b), in all leases of lands or tenements, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may, upon giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, change the terms of the lease to take effect, as to tenancies for less than one month, upon the expiration of a period at least as long as the term of the hiring itself, and, as to tenancies from month to month, to take effect at the expiration of not less than 30 days, but if that change takes effect within a rental term, the rent accruing from the first day of the term to the date of that change shall be computed at the rental rate obtained immediately prior to that change; provided, however, that it shall be competent for the parties to provide by an agreement in writing that a notice changing the terms thereof may be given at any time not less than seven days before the expiration of a term, to be effective upon the expiration of the term.

The notice, when served upon the tenant, shall in and of itself operate and be effectual to create and establish, as a part of the lease, the terms, rents, and conditions specified in the notice, if the tenant shall continue to hold the premises after the notice takes effect.

(b) (1) In all leases of a residential dwelling, or of any interest therein, from week to week, month to month, or other period less than a month, the landlord may increase the rent provided in the lease or rental agreement, upon giving written notice to the tenant, as follows, by either of the following procedures:

(A) By delivering a copy to the tenant personally.

(B) By serving a copy by mail under the procedures prescribed in Section 1013 of the Code of Civil Procedure.

(2) 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 prior to the effective date of the increase, either in and of itself or when combined with any other rent increases for the 12 months prior to the effective date of the increase, the notice shall be delivered at least 30 days prior to the effective date of the increase, and subject to Section 1013 of the Code of Civil Procedure if served by mail.

(3) For an increase in rent greater than the amount described in paragraph (2), the minimum notice period required pursuant to that paragraph shall be increased by an additional 30 days, and subject to Section 1013 of the Code of Civil Procedure if served by mail. This paragraph does not apply to an increase in rent caused by a change in a tenant's income or family composition as determined by a recertification required by statute or regulation.

(c) If a state or federal statute, state or federal regulation, recorded regulatory agreement, or contract provides for a longer period of notice regarding a rent increase than that provided in subdivision (a) or (b), the personal service or mailing of the notice shall be in accordance with the longer period.

Fair Housing Napa Valley