The real rent-notice rule: 90 days for an increase over 10% — not 5%
A claim making the rounds says landlords must give 90 days' notice before raising rent more than 5%. That's not the law — and the bill number attached to it is wrong too.
There's a claim circulating that a landlord has to give 90 days' notice before raising rent more than 5%, and that a bill called "AB 1308" is behind it. Both halves are wrong. The real rule lives in California Civil Code §827, and the threshold is 10%, not 5%.
What the law actually says
For a month-to-month residential tenancy, a landlord must give at least 30 days' written notice for an increase of 10% or less over the prior 12 months, and at least 90 days' notice for an increase greater than 10%. The 90-day window for the bigger jumps has been law since AB 1110 took effect on January 1, 2020.
…the notice shall be delivered at least 90 days before the effective date of the increase.
California Civil Code §827(b), for increases over 10%
Notice isn't a cap — don't confuse the two
§827 governs timing — how much warning you get — not whether the increase is allowed. The law that actually caps annual increases on covered units is a different one, the Tenant Protection Act (AB 1482). People blur the two constantly. Notice rules and rent caps are not the same thing.
And the "AB 1308" label? There is an AB 1308 in the 2025–26 session — but it's about residential building-permit inspections, not rent. Somebody grabbed the wrong number.
The threshold is 10%, not 5%. Notice timing isn't a rent cap.
My read for clients: if you're a tenant staring at a big increase, check two things — did you get the right amount of notice (30 vs. 90 days), and is your unit covered by AB 1482's cap? If you're an owner, paper the notice correctly so a technicality doesn't sink you. Either way, I'm happy to walk through your specific situation.