Renting · Checklist · Reviewed July 15, 2026
Rent, deposit, and notice check
The statewide rent cap, notice periods, deposit limits, and line between a landlord notice and a court case.
The short version
Start with the statewide rule, then check coverage
For a covered rental, the 12-month cap is 5 percent plus the cost-of-living change, or 10 percent, whichever is lower. The math starts with the lowest gross rent charged during the prior 12 months, and a stronger local rule can set a lower limit.
What changes the answer: A longer notice period does not make an increase above the allowed cap legal.
These papers can look related while using different rules. The exact address, building, lease, effective date, notice wording, and service method decide which check comes first.
How it works
The rent cap is a ceiling for covered homes
The statewide formula is 5 percent plus the cost-of-living change, or 10 percent, whichever is lower. It uses the lowest gross rent charged during the prior 12 months. The same tenant generally cannot get more than two increases in that time.
The effective date chooses the regional number. From August 1, 2025, through July 31, 2026, the state caps run from 6.3 to 8.8 percent. From August 1, 2026, through July 31, 2027, they are 8.7 percent in Los Angeles and Orange counties; 8.1 percent in Riverside and San Bernardino; 8.2 percent in San Diego; 8.8 percent in Alameda, Contra Costa, Marin, San Francisco, and San Mateo; and 8.6 percent in every other county. A lower local cap still controls.
Here is an ordinary example. The lowest rent was $2,000. The cap for the place and date was 8 percent. The statewide ceiling would be $2,160. This assumes the home is covered and no local rule sets a lower cap.
Coverage comes before the calculation
Not every rental uses the statewide cap. Housing approved for occupancy within the prior 15 years is generally outside it, unless the home is a mobilehome. Some dorms and deed-restricted affordable homes are also outside it. Other exceptions have added conditions.
A house or condo is not exempt from the state cap just because one person owns it. The ownership rules must line up. The tenant must also receive the required written exemption notice. A local rule or lease may still give more protection.
Notice time is a separate rule
For a month-to-month rental, an increase of 10 percent or less generally needs at least 30 days' written notice. An increase above 10 percent generally needs at least 90 days. Earlier increases in the same 12 months count when choosing the notice period.
The amount and the notice are two separate tests. A timely 90-day notice does not cure an increase above an applicable cap. Mailing and local rules can add time or another step, so keep the envelope and service date.
A deposit uses a different set of numbers
For a deposit demanded on or after July 1, 2024, the usual limit is one month's rent on top of the first month's rent. A narrow small-landlord exception can allow up to two months. The owner and property counts must fit. The exception does not apply to a service member.
After move-out, the landlord generally has 21 calendar days to return the rest and list any deductions. Ordinary wear and old damage are not valid charges. The move-out guide explains inspections, photos, estimates, and receipts.
A landlord notice is not the court case
A landlord notice says what the landlord wants, why, and the deadline. Some notices demand payment or a fix. Others tell the tenant to move. If the deadline passes, the landlord may file an eviction case.
A Summons and Complaint mean the court case has been filed. To respond, the tenant files an Answer or another allowed response with the court.
California Courts currently gives 10 court days when the papers were handed directly to the tenant. Substituted service or posting and mailing uses 20 days after mailing. Safe at Home service uses 15 days, without counting weekends or court holidays. Check the service method and current court page right away.
First moves
- 1
Sort the paper first: rent increase, deposit statement, notice to pay or fix, notice to move, or court Summons and Complaint.
- 2
Find the exact address, city limits, county, lease, move-in date, building age, ownership or exemption language, and every notice.
- 3
For a rent increase, record the lowest gross rent during the prior 12 months, all increases in that period, the new rent, service date, and effective date.
- 4
Check both the city and county official sites for a stronger local rent or eviction rule.
- 5
For a deposit problem, find the deposit proof, move-in record, inspection list, photographs, return package, and move-out date.
- 6
For a landlord notice, read the stated deadline and use the California Courts notice page to identify the type.
- 7
For a Summons and Complaint, use the court response page and local court help promptly. Do not wait for another office to pause the deadline.
Watch for
- 1
The statewide cap is 5 percent plus the applicable cost-of-living change, or 10 percent, whichever is lower. It uses the lowest gross rent during the prior 12 months.
- 2
The cost-of-living figure depends on region and effective date. California updates the annual measurement for increases taking effect on or after August 1.
- 3
Not every home is covered. Newer housing and several other categories can be exempt, and some exemptions require exact written language.
- 4
For month-to-month residential tenancies, increases of 10 percent or less generally need at least 30 days' written notice. Larger increases generally need at least 90 days. Service can affect timing.
- 5
The usual deposit limit is one month's rent, but a narrow qualifying small-landlord exception can allow two months. Deposit demand date and service-member status matter.
- 6
A landlord notice and a filed eviction case are different. A Summons and Complaint require a court response tied to the method of service.
- 7
An eviction Answer is usually due in 10 court days after direct service, 20 days after mailing for substituted service or posting, or 15 days without weekends and court holidays for Safe at Home service.
- 8
Do not ignore a paper because it looks wrong. Preserve the deadline while checking the defect with the current official source or qualified help.
Official sources
Where to confirm this
Use the source that matches the step you are on. Current forms, fees, deadlines, and agency decisions can change after this page is reviewed.
Use this as a map. It does not decide your rights, tell you what to file, or say someone broke the law. If a deadline, denial, eviction, firing, injury, tax bill, permit fight, or insurance dispute is on the line, use the official source or a licensed professional.