If you own or manage rental housing in San Diego County, it’s understandable to have questions about whether you can raise rent during an emergency. A new emergency proclamation can temporarily limit rent increases to 10% or less, and a lower limit may apply to your property. The key is to check both the emergency rule and California’s ordinary rent cap before you advertise, offer, or charge a new rent amount.

On October 15, 2026, Governor Gavin Newsom proclaimed a state of emergency in San Diego County and other counties following Tropical Storm Rachel. Under California Penal Code section 396, the emergency rent-price protections generally last 30 days after the proclamation, unless extended. If the October 15 proclamation controls, the 30-day period generally runs through November 14, 2026. Check the Governor’s proclamation and Cal OES’s current price-gouging updates for changes.

Does the 10% emergency limit apply to your rental?

During the covered period, Penal Code section 396 generally prohibits increasing the rental price by more than 10% for covered housing. The law covers rent that you advertise, offer, or charge to an existing or prospective tenant. That means you should not assume a vacant unit or a new lease is automatically outside the rule.

The emergency cap is temporary and emergency-specific; it does not replace other rent limits. The statute also covers certain essential goods and services, as well as other categories such as hotel rates. California’s emergency pricing protections can be triggered by a state or local emergency proclamation, so a statewide emergency proclamation that includes San Diego County is relevant to landlords here.

Can you raise rent by 10% even if your lease allows it?

No, not if doing so would exceed the emergency limit that applies to your rental. A lease clause or a notice sent before the proclamation does not automatically let you charge more than the law permits during the covered period. Section 396 has limited exceptions, including certain increases contractually agreed to by the tenant before the emergency and increases directly attributable to qualifying repairs or additions beyond normal maintenance that are amortized over the rental term.

Those exceptions require careful review and supporting documentation. Don’t assume that routine maintenance, a general increase in operating costs, or a lease provision on its own qualifies. If you believe an exception applies, get advice before changing the rent or sending a notice.

How should you calculate the 10% limit?

Use the applicable pre-emergency rental price as your starting point; don’t compound increases during the emergency window. For example, if the legally applicable pre-emergency rent is $2,000, a 10% ceiling would be $2,200-not $2,420 after applying another 10% increase to $2,200. The emergency cap is a maximum, not permission to apply an automatic increase.

The right baseline can depend on the rental history and whether the unit was rented or advertised before the emergency. Don’t create a higher advertised price during the covered period and treat it as the new baseline. If a unit has been vacant or was not recently offered for rent, confirm which rules and pricing benchmark apply before listing it.

Does the emergency cap replace California’s AB 1482 rent cap?

No. If California’s Tenant Protection Act, commonly called AB 1482, covers your property, you must also follow its rent cap. AB 1482 generally limits covered rent increases over a 12-month period to 5% plus the applicable regional cost-of-living increase, or 10%, whichever is lower. The calculation generally uses the lowest gross rental rate charged during the preceding 12 months and allows no more than two increases during that period. Review the text of AB 1482 and confirm the current rules for your unit.

In practice, the emergency 10% ceiling does not give you permission to exceed a lower AB 1482 limit. If your covered unit’s applicable annual cap is 8%, for example, an emergency limit of 10% does not raise your allowable increase to 10%. Local rent control may impose an additional restriction, too.

Some properties are exempt from AB 1482’s rent cap, including qualifying newer construction, generally housing with a certificate of occupancy issued within the previous 15 years, and certain single-family homes or condominiums when statutory conditions and required notices are met. An exemption from AB 1482 does not automatically exempt a rental from Penal Code section 396 during an emergency.

A substantial renovation is not, by itself, a blanket exemption from AB 1482’s rent cap. Separately, section 396 recognizes a narrow exception for qualifying repair or addition costs beyond normal maintenance that are amortized over the rental term. Keep invoices, permits, cost records, and calculations, and have the facts reviewed before relying on that exception.

What should you do before sending a rent increase notice?

Pause and verify the applicable limits before you advertise, offer, or charge a new rent. A short review now can help you avoid a costly dispute later.

• Confirm the emergency dates. Check the proclamation and official updates to see whether protections remain in effect or have been extended.
• Review the rental history. Record the rent charged and advertised before the emergency, along with any prior increases and notices.
• Determine whether AB 1482 applies. Check the certificate-of-occupancy date, ownership and property type, required exemption notices, and any local rent-control rules.
• Document any claimed exception. Gather the lease, tenant agreement, invoices, permits, and records supporting repairs or additions.
• Have your proposed notice reviewed. Confirm the amount, timing, service method, and wording before sending a rent increase letter.

Waiting until the emergency window ends may be the safer course if you are uncertain. But the end of the emergency period does not necessarily mean you can immediately increase rent by 10%: AB 1482, local rules, and required notice periods may still limit the amount or timing.

What could happen if you exceed the emergency cap?

A violation can create criminal and civil exposure. Under section 396, a violation is a misdemeanor punishable by up to one year in county jail, a fine of up to $10,000, or both. The statute also treats violations as an unlawful business practice and unfair competition, with remedies that may be cumulative.

That can mean more than a disagreement over one rent increase. Keep your notices, lease versions, pricing records, and communications organized, and get legal advice if a tenant questions an increase or you receive a complaint. If a separate possession issue arises, speak with a San Diego eviction attorney before taking action; an unlawful rent increase is not a substitute for the required eviction process.

Where can San Diego County landlords get help?

Get advice tailored to your property before you change the rent or serve a notice. Law Office of Andrew H. Griffin, III, APC has served San Diego since 1983. Andrew Griffin is an experienced bankruptcy attorney and a licensed California real estate broker, bringing legal and real-estate perspectives to property questions. The firm assists landlords and property owners in San Diego, El Cajon, La Mesa, Santee, Spring Valley, and surrounding communities.

If you’re comparing eviction attorneys in San Diego or need to understand how property-related debt may affect you, the firm can discuss your situation, including bankruptcy options with a bankruptcy lawyer in San Diego CA. You can reach the firm for guidance about rent notices, landlord-tenant concerns, and the next steps for your property.

Call: 619 853-3009
Text: 619 330-5456
Contact Law Office of Andrew H. Griffin, III, APC to discuss your circumstances.