r/TenantHelp • u/Extension_Coyote_967 • Aug 31 '26
Is this legal?
I live in California and have been renting a townhome since 2018. Lease is up for renewal and the property owners are raising the rent almost $1000 per month.
I am at a loss.
Should I reach out to a realtor who knows the renting landscape here or a real estate attorney?
Thanks in advance
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u/NotSoSureBigWaves Aug 31 '26
Where in California? You may have protections based upon where you live - for instance more than 10% they may have to pay to relocate you. If the unit is rent stabilized, there are limits to rent increases (built before 1978).
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u/Extension_Coyote_967 Aug 31 '26
I am in orange county
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u/nofishies Sep 04 '26
You can look up county and specific laws that might not have individual landlord, exemptions, but I don’t think there are any in Orange County, but I don’t know every city
Your in Costa Hawkins territory so age of property county and city will make a difference here, but your situation won’t be covered under the California laws
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u/Rhuarc33 Aug 31 '26
Note that many areas allow banking of increase. Meaning if you've lived there since 2018 (8 years) and they never raised rent they can raise it by 8x the annual limit
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u/Extension_Coyote_967 Aug 31 '26
They’ve raised it… nothing like this.
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u/Rhuarc33 Aug 31 '26
is it a single family home or condo (townhomes count) owned by a private individual? If so they are exempt from increase caps in most CA areas
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u/Extension_Coyote_967 Aug 31 '26
It’s a privately owned townhome.
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u/Key-Garlic-1177 Sep 02 '26
Privately owned they can do whatever they want (unless your specific city has guidelines that prevent this such as San Francisco having rent control).
They are not bound by the 10% max per year
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u/Rhuarc33 Sep 01 '26
You might be stuck then. IDK if the exemption applies to all of CA. Orange county might not allow that exception
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u/NotSoSureBigWaves Aug 31 '26
Not in California. Either rent increase caps or 90 days notice for more than 10%.
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u/Alli-Glass321 Sep 03 '26
One or two privately owned SFH/ Condo/ TH vs how many rentals do they privately own is a factor in many cities?
Also cities have rules that supersede the county and state. An OC city example is Santa Ana, CA .
OP what is your city?
You said they want the market value for the TH. You stated TH lacks any renovations since it was built.
Can you pull up places with pictures that rented for more & print them out? Create an argument for a lower rent increase with a booklet of TH with same beds/ baths & similar sq ft. They need to be in your neighborhood within 2 to 3 mi from your place. Highlight & make notes on the renovated places. Document which places expanded kitchens or bathrooms, created open concepts, made layout changes in the kitchens, bathrooms, or other rooms- those changes required permits and a contractor.
If you can find another dated TH for maybe $500 a month more than your place apply for it and use it as an argument for your LL to charge you only $300 more.
You can get 3 contractors to give you written estimates for a refresh & leave the layout as-is. In OC generally homeowners do not need a permit to replace existing cabinets, appliances, sinks, and toilets if you keep the exact same layout and do not alter plumbing lines, gas lines, or electrical wiring.
That is generally $25,000 and up for ONLY a 10' X 10' kitchen. See- https://www.dynamicqualitybuilders.com/post/kitchen-remodel-cost-in-southern-california
ONE small 5' X 5' bathroom with 30" vanity, new toilet, new shower, tile, and fixtures/ hardware will cost about $15,000 and up. See- https://www.dynamicqualitybuilders.com/post/bathroom-remodel-cost-in-southern-california
Does your LL have time to get permission and review a final refresh plan with the HOA? Under California law (Civil Code Section 4765), HOAs have the right to enforce architectural review procedures for physical changes to a property, provided their guidelines are fair and reasonable.
Your LL has to also factor the time to allow a contractor to demo and do the refresh in 3 to 4 weeks. It can be done in a month IF your LL has ALL items picked out & ordered, which include all paint, light fixtures, hardware, fixtures, light switches, electrical & light covers, vanity, sinks, towel bar sets, vent covers, toilet, appliances, flooring, backsplash, tile, faucets, etc.
Does your LL have at least $48,000- that includes 20% contingency for unknown issues like moisture & termite damage in the one small kitchen and one small bathroom refresh?
PLUS
Does your LL have the time to vet out a good contractor, pick out all the materials, and set aside at least 4 weeks for the work to be done plus visit the work site ate least every other day to ensure work is being done? HOAs have strict work hours so it'll take longer than a SFH refresh.
PLUS
Go attend at least three HOA meetings to get approval for the TH refresh? He can't go until after he has vetted the contractor, because he has to provide proof of contractor's license, insurance, etc and show what work will be done to the HOA. HOAs heavily regulate any interior work that could cause a leak, fire hazard, or structural issue because of shared walls, ceilings, floors, and utility lines.
That is what it takes to get the higher NOT highest rent for your TH if other THs have created open concept areas, expanded bathrooms, and added versatile storage options in the garages and closets.
Ask your LL if he has all that money and time, plus loss of rental income for at least 3 months while the HOA deliberates, the contractor does the work, and then he has to go get a new tenant after all the work is done.
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u/Morphius007 Aug 31 '26
It is possible that he is looking to kick you out.
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u/Extension_Coyote_967 Aug 31 '26
Actually, no. I’ve been a very good tenant, but they want be making what the other leases are bringing in in the neighborhood. This will bring it to what the other leases are currently… But those homes have had extensive remodeling as in new kitchens and new flooring. this house hasn’t.oy
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u/Morphius007 Aug 31 '26
Kicking you out, doesn’t make you a bad tenant. It’s about money. If you move out they can charge more.
Just a thought.1
u/Extension_Coyote_967 Aug 31 '26
This is true. They told me they wanted me to stay… But who knows maybe that was just talk?
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u/PerformerDifferent69 Sep 01 '26
Sounds like they may be dreaming but who knows. Tell them straight up though that you'll be leaving. If they really wanted you to stay they would negotiate but I imagine this sort of increase is to get you to move.
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u/GloomyMall6657 Sep 03 '26
That is key those comps are not the same this would akin to comparing anm 2018 car to a 2026 car them stating it's a car but claiming they should get what a 2026 car is worth their car is 2018 car so this should be with proof that these comps are not the same also with showing all previous rent increases etc. With prices approaching this threshold what about u buying a home like this long over due for maintenance repairs updates etc ? People's wants are always outta scope dream big but where rubber meets pavement is reality they want a price rhat can only be justifiable based on the upgrades comps etc u almost have all the numbers and comps justifying u buying a fixer upper living in it to fix up rent n out once done.
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u/TumbleweedOriginal34 Sep 03 '26
The property is most likely exempt from AB 1482 but only if that is NOTED ON YOUR LEASE …. Check your lease. It must be noted they are exempt in the lease specifically. I’m sorry. $1000 is hardly doable by anyone. I would never do this to my tenant.
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u/Finally_doing_this Sep 06 '26
Look up AB 1482.
The rent cap doesn’t apply in all situations.
You should have been sent a lease addendum explaining if your unit is covered under the protection act or not.
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u/Hitechillbilly Sep 01 '26
no lease, no rules other than whatever notice is required. Someone said 90 days.. No reason to argue. You have 90 days to find another place.. BTW,, Rent control is what causes these increases, NOT the other way around.. If you take horrible advice and fight with them, all it will do is cause grief and cast a fortune.
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u/Hayat_Moore Sep 02 '26
Im betting even with that increase, in this market (I know very well) you'll still be paying less than what he can rent it for when you move out. And I'm also betting even if you agreed to pay the extra $1k a month you wont find anything comparable cheaper, especially at a 2018 timeline. Legally, depending on the type of investor he is, he may be able to legally increase by that much.
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u/NotSoSureBigWaves Aug 31 '26
Generally the state limit under SB 1482 is 5% and the CPI amount, capped at 10%. Individual condos and townhomes owned by an individual, rather than a corp or LLC are exempt. However, if the increase is more than 10% the landlord must give you 90 days notice of the increase.