California differs from many states in many ways. California landlord-tenant law provides a good example of this. That's why it is useful now and then to review some of the more unusual features of these regulations. The laws regarding notice periods, for example, contain some surprises. This applies both with respect to notices to increase the rental amount and notices to terminate a tenancy.

In general, notice of a rent increase for a month-to-month tenancy must be given at least 30 days prior to the effective date of the increase. However, certain restrictions apply. The rent increase cannot exceed 10 percent of the rental amount charged at any time during the twelve-month period prior to the effective date of the increase.

This applies to an increase that exceeds 10 percent in and of itself, or that, in combination with any previous increase within the twelve-month period, would total more than 10 percent. In such cases, the notice must be given at least 60 days prior to the effective date of the increase.

Some examples are in order.

1. Suppose the rent has been $1,000 for the past eleven months, and the landlord proposes to raise it by $100 (10 percent). Only a thirty-day notice is required.

2. Suppose that rent started eleven months ago at $1,000, and that five months ago it was raised by $50 (5 percent). Rent could still be raised by another $50 with only a thirty-day notice.

3. Suppose that, as in #2, rent started eleven months ago at $1,000, that five months ago it was raised by $50 (5 percent), and that now the landlord proposes to raise it $60. That would result in an 11 percent increase within a twelve-month period. The notice would have to be given at least 60 days ahead of time.

Two things need to be noted in connection with this. The law does not limit the amount that rent can be increased (assuming one is not in a rent-control jurisdiction). It only deals with the notice period. A $1,000 per month month-to-month tenancy could be increased by $1,500; but the notice would have to be given at least 60 days prior to its effective date.

The other unusual notice requirement in California law regards a notice to terminate tenancy. This is, most recently, a result of Assembly Bill 1169 (Torrico), an act that was discussed in this column during the last legislative session.

Normally, a month-to-month tenancy can be terminated with a thirty-day notice. However, in California, if all the tenants and residences have been in the property for one year or more, the notice must be given at least sixty days prior to its effect. If any of the tenants or residents have been in the property for less than one year, a thirty-day notice will suffice.

Finally, even if a sixty-day notice would normally be required, a thirty-day notice is sufficient if the property is a separate unit and it has been entered into a purchase escrow by a buyer who intends to occupy it for at least one year.

Ah, California. What a state. It's not for the ordinary.

Published: June 13, 2007

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Bob Hunt is a director of the National Association of Realtors and is author of the recently published book, "Real Estate the Ethical Way." A graduate of Princeton with a master's degree from UCLA in philosophy, Hunt has served as a U.S. Marine, Realtor association president in South Orange County, and director of the California Association of Realtors, and is an award-winning Realtor. Contact Bob at .