How Much Notice Is Required for a Month-to-Month Rent Increase?
Sources reviewed .
A month-to-month rent increase usually involves two checks. First, find out whether the new amount is allowed for that rental. Then check how far in advance the tenant must receive notice and how the notice can be delivered. A lawful amount can still have the wrong effective date.
Compare three states
| State | Notice timing | What to check |
|---|---|---|
| Arizona | The City of Phoenix's landlord-tenant program instructs landlords to give written notice 30 days before the periodic rental due date for a month-to-month tenancy. | Check the rent due date and when the notice is received. For registered or certified mail under A.R.S. § 33-1313, receipt is the earlier of actual receipt and five days after mailing. City of Phoenix guidance · Arizona receipt statute |
| California | Written notice is generally required at least 30 days in advance for an increase of 10% or less and 90 days for an increase of more than 10%, subject to the calculation and exceptions in Civil Code § 827. | Check increases during the relevant 12-month period and whether the proposed increase is allowed under state and local caps. A longer notice period does not authorize an otherwise prohibited increase. Review the statute's delivery requirements. California Civil Code § 827 · California Attorney General guidance |
| Oregon | For tenancies covered by ORS 90.323(2), rent cannot increase during the first year. After that, give written notice at least 90 days before the effective date. | Check the frequency limit and the published cap for the year the increase takes effect. The notice must state the increase, the new rent, the effective date and supporting facts if relying on a qualifying exemption from the cap. Week-to-week tenancies and certain properties follow separate rules. ORS §§ 90.323–90.324 |
What to put in the notice
- Identify the tenant, rental address and unit.
- State the current rent, the amount of the increase and the new rent.
- Give the effective date. Check the rental due date, permitted delivery method and any additional time that method requires.
- Include any required disclosures, exemption explanation or local language.
- Keep the signed notice and a record of when and how it was delivered.
Rent increase notice or lease renewal agreement?
Use a rent increase notice when changing the rent for an ongoing periodic tenancy if the lease and governing rules permit that change. If both sides are agreeing to a new fixed term, a Lease Renewal Agreement can document the new rent and term. Check whether a separate advance notice is required for the change.