Guide
Rent Increase Notice Requirements by State
How many days' notice a landlord must give to raise rent in CA, OR, WA, CO, NY, TX, FL and NC: the statutes, the caps, and a worked date example.
The Resida Team · Published · Last reviewed
The notice you owe before raising rent depends on your state, and in many states on the kind of tenancy, the size of the increase or how long the tenant has lived there. Where a statute sets a number it is usually 30, 60 or 90 days. California is 30 days for an increase of 10% or less and 90 days for more, Oregon and Washington are 90, and New York is 30, 60 or 90 by the length of tenancy. A few states, including Texas, Florida and North Carolina, have no section aimed at rent increases at all, and there the lease does the work. The table covers eight states that show the different patterns.
Which situation are you in?
Most of the confusion about "how much notice" comes from three different situations that get one answer. Work out which one applies first.
- Month-to-month (or any periodic tenancy). There is no end date, so the state's notice rule for changing rent is the one that applies. This is where the numbers in the table below mostly come from.
- Mid-lease, in a fixed term. The lease usually fixes the rent for its term. A statute may add to that: Washington says an increase may not take effect before the term ends (RCW 59.18.140). A lease can also provide for a change, and California's section 827(c) says that if a contract requires a longer notice period than the statute, the longer one controls.
- At renewal. The notice is about the next term, so it has to arrive before the current one ends. New York's rule is written for exactly this: a landlord who offers a renewal with an increase of 5% or more owes notice, and late notice leaves the tenant on the old terms until the notice period runs out (RPL 226-c).
Two checks apply in every case: what your lease says (a lease can call for a longer notice period than a statute does), and whether your city has its own rent rules. Local rent control and local notice ordinances can override or add to everything below, and this guide does not cover them.
State by state
| State | Notice | What it depends on | Cap on the amount | Statute |
|---|---|---|---|---|
| California | 30 days; 90 days if the increase is over 10% | The percentage, counting other increases in the prior 12 months | Yes: lower of 5% plus regional inflation, or 10%, no more than twice in 12 months, for covered units | Civ. Code 827(b); 1947.12 |
| Oregon | 90 days written; 7 days for week-to-week | Tenancy type; no increase in the first year; one increase per 12 months | Yes: 7% plus inflation, up to 10% | ORS 90.323, 90.324 |
| Washington | 90 days written; 30 days for income-based subsidized rent | Subsidy type; no increase in the first 12 months; increase cannot start before the term ends | Yes: lower of 7% plus inflation, or 10% | RCW 59.18.140, 59.18.700 |
| Colorado | 60 days written where there is no written agreement | Whether there is a written agreement; one increase per 12 months applies regardless | None in these sections | C.R.S. 38-12-701, 38-12-702 |
| New York | 30, 60 or 90 days, for an increase of 5% or more | Tenant's total time in the unit or lease length (under 1 year, 1 to 2 years, more than 2 years) | Not in this section; rent stabilization and good cause rules apply to covered units | RPL 226-c |
| Texas | No section sets a period for a rent increase | The lease; the ending-a-tenancy rule is one month | Not in this section | Tex. Prop. Code 91.001 |
| Florida | No section sets a period for a rent increase | The lease; the ending-a-tenancy rule is 30 days month-to-month | Not in this section | Fla. Stat. 83.57 |
| North Carolina | No section sets a period for a rent increase | The lease; the ending-a-tenancy rule is 7 days month-to-month | None in these sections; G.S. 42-14.1 limits city rent regulation | N.C. Gen. Stat. 42-14, 42-14.1 |
Details worth knowing
- California. The 10% test looks at the rent charged at any time in the 12 months before the new rent takes effect, so two small increases can add up to the 90-day tier. The cap statute exempts, among others, buildings with a certificate of occupancy under 15 years old and certain single-family homes and condos whose owner is not a REIT, corporation or LLC with a corporate member (with a written exemption notice to the tenant). It has other exemptions too. The cap section runs until January 1, 2030.
- Oregon. The cap does not apply to units whose first certificate of occupancy is under 15 years old, or to certain government-regulated affordable housing. The state's Department of Administrative Services publishes the yearly maximum: 9.5% for 2026 and 10% for 2027. A landlord who breaks the cap or the once-a-year rule is liable for three months' rent plus actual damages.
- Washington. The Department of Commerce publishes the yearly maximum: 9.683% for 2026 and 10% for 2027. It is calculated from the Seattle-area inflation figure each June. Washington's new-construction exemption is 12 years, not 15.
- Colorado. The 60-day rule is written for tenancies without a written agreement, and a landlord can't use a notice to quit to get around it. The once-in-12-months limit in section 702 applies whether or not there is a written lease.
- New York. Length is measured by the tenant's total occupancy or the lease length, whichever is longer. The notice must also include the good cause eviction notice that section 231-c requires. Increases below 5% are outside this section.
- Texas, Florida, North Carolina. The sections cited set how long it takes to end a tenancy (one month in Texas, unless a signed agreement sets a different period; 30 days in Florida (the end of a monthly period); 7 days in North Carolina for month-to-month), and none mentions rent increases. Whether a rent increase must follow those periods, or what your lease and local rules require, is a question for a local attorney.
A worked example: counting the days
Take two made-up landlords. Both want a 4% increase to take effect on the first rent date they can manage, and both have a month-to-month tenant who pays on the 1st. This example counts the calendar days between the date the notice is treated as served and the effective date.
California, 4% increase (30 days).
- Delivered in person on March 1: 30 days later is March 31, so the increase can start with the April 1 rent.
- Mailed on March 1 from within California: section 827 makes mailed notice subject to CCP 1013, which adds five calendar days, so the notice counts as served on March 6. Thirty days after that is April 5, and the first rent date on or after it is May 1.
Same notice, same increase, and mailing moved the start by a month. If the increase had been 12%, the 90-day tier would apply and the count would start again from the service date.
Oregon, any increase within the cap (90 days).
- Delivered in person on January 31, 2027: 90 days later is May 1, so the increase can start with the May 1 rent.
- Mailed first-class on January 31: ORS 90.155 extends the minimum period by three days, so the notice counts as served on February 3 and 90 days later is May 4. The first rent date on or after it is June 1.
The statute also expects the notice to state the extension when it is mailed. Oregon's tenant must also be past the first year of the tenancy, and the landlord cannot have raised the rent in the previous 12 months.
Each state counts days its own way, and what counts as the service date (delivery, posting, mailing, deemed receipt) varies. Check the statute for your state, or ask a local attorney, before you rely on a date.
Finding your state's rule
If your state is not in the table, look for three things in its landlord-tenant statute or on the attorney general or housing agency website: a section on rent increases or changing terms, a section on ending a periodic tenancy, and any cap or rent-control law. Then check your city and county, because local rules are common in the states that allow them. For a dispute or a specific increase, a local attorney or your state's landlord-tenant resource is the right place to ask.
Handling the dates once you know the rule
Whatever the number is, the work is the same: put the lease end date on a calendar, back out the notice period, and keep proof of when and how you served the notice. Resida's lease management shows renewal dates in your calendar, and a renewal or rent-change addendum can go out for signature through document signing. You still choose the notice period and the new rent, so check them against your state's rule first. For the checklist around a new tenancy, see the rental leasing checklist, and for the fee side of rent, the guide to late fees on partial payments.
Sources
Each rule above comes from the statute or an official source for that state:
- California: Cal. Civ. Code 827 and 1947.12; Cal. Code of Civil Procedure 1013
- Oregon: ORS 90.323 and 90.155; ORS 90.324 and the Oregon Department of Administrative Services rent stabilization page (annual maximum)
- Washington: RCW 59.18.140, 59.18.700; Washington Department of Commerce HB 1217 landlord resource center (annual maximum)
- Colorado: C.R.S. 38-12-701 and 38-12-702 (as enacted by HB21-1121)
- New York: N.Y. Real Property Law 226-c
- Texas: Tex. Prop. Code 91.001
- Florida: Fla. Stat. 83.57
- North Carolina: N.C. Gen. Stat. 42-14 and 42-14.1
Frequently asked questions
- How many days' notice is required for a rent increase?
- It depends on the state and often on more than the state. Among the states in this guide, the statutory periods for a rent increase run from 30 days (California for an increase of 10% or less) to 90 days (Oregon, Washington, California for an increase above 10%). New York uses 30, 60 or 90 days depending on how long the tenant has lived there, and Colorado uses 60 days where there is no written lease. Texas, Florida and North Carolina have no section that sets a notice period for a rent increase itself.
- How much notice for a month-to-month rent increase?
- California requires 30 days, or 90 if the increase is more than 10%. Oregon requires 90 days and bars any increase in the first year. Washington requires 90 days. Colorado requires 60 days' written notice when there is no written lease, and its once-in-12-months limit applies either way.
- Can a landlord raise rent in the middle of a lease?
- A fixed-term lease generally sets the rent for its term unless the lease itself allows a change. Washington's statute says an increase may not take effect before the current term ends. The notice periods in the table are mostly about month-to-month tenancies and about the point where a lease ends and a new one starts.
- Does mailing a rent increase notice add days?
- In some states it does. California's Civil Code section 827 makes a mailed notice subject to Code of Civil Procedure section 1013, which adds five calendar days for mail within California. Oregon's ORS 90.155 extends the minimum period by three days for first-class mail. Not every statute addresses mailing, and what counts as the service date varies, so check how your state defines service.
- Is there a limit on how much rent can go up?
- Some states set a statewide cap. Among those in this guide: California (Civil Code 1947.12) caps most covered units at 5% plus regional inflation, up to 10%. Oregon (ORS 90.323 and 90.324) and Washington (RCW 59.18.700) cap at 7% plus inflation, up to 10%. The other sections cited in this guide do not set a cap, but New York has rent stabilization and good cause eviction rules for covered units, and cities in some states have their own rent rules.