Own rental property in LA or Orange County? Or renting a home there? Here’s something you need to know right now. On October 15, 2026, Governor Newsom declared a state of emergency for Tropical Storm Rachel. That single declaration triggered California Penal Code Section 396 — a law that caps how much landlords can raise rent during a declared emergency. Doesn’t matter if your unit is normally exempt from AB 1482 or your local rent control ordinance. This cap overrides all of that. We’ll break down what it means, who it hits, and what you need to do before the current deadline of November 14, 2026.
Background: What This Emergency Rent Cap Means
Penal Code Section 396 is California’s anti-price-gouging law. It kicks in automatically the moment the Governor — or even a local official — declares a state of emergency. No extra paperwork, no waiting period. Once triggered, landlords can’t raise rent more than 10% above what they were charging before the emergency hit. And here’s the part that catches people off guard: it doesn’t matter if you own a single-family home, a duplex, or a brand-new building that would normally be exempt from the Tenant Protection Act or a city’s rent control rules. The cap applies anyway.
The October 15, 2026 proclamation covers Los Angeles, Orange, Imperial, and San Diego counties. The cap sits at 10% above your pre-emergency rent, and it stays in effect for as long as the emergency declaration does — right now, that’s through at least November 14, 2026, unless the state extends it or cuts it short. Want to read the law yourself? Here it is: California Penal Code Section 396. Violating it isn’t just a slap on the wrist, either — it’s a misdemeanor, and it can open you up to civil penalties and lawsuits. Protect your rights — we handle the rest.
Property owners and tenants in nearby San Bernardino and Riverside counties, including Ontario, Pomona, San Bernardino, and Riverside, are not currently named in the proclamation. However, emergency declarations can expand quickly after storm damage assessments. Anyone in these areas should monitor the Governor’s office for updates before assuming the cap does, or does not, apply to their lease.
How This Affects Landlords and Tenants in LA, Anaheim, and Beyond
For landlords in cities like West Covina, Los Angeles, Anaheim, and other parts of Los Angeles and Orange counties, this means any new lease or lease renewal signed on or after October 15, 2026 cannot include a rent increase of more than 10% above what the tenant was paying before the emergency, even if the property is a newer building, a condo, or a single-family home normally outside rent control. This applies to new tenants moving into vacant units too, not only renewals, under the broad language of Section 396.
For tenants, this is an important protection. If a landlord tries to raise your rent by more than 10% during this window, you may have grounds to refuse the increase and to report the landlord to local code enforcement, the city attorney, or the California Attorney General’s office. Tenants who already agreed to or paid an increase above 10% since October 15, 2026 should keep copies of their lease, rent receipts, and any written notices, since these records may support a refund claim or a complaint.
Property owners should also know that this emergency rent cap does not suspend normal eviction rules. Just cause eviction protections and notice requirements under state and local law still apply. Disputes over rent increases, notices to vacate, or lease terms during this period can quickly turn into litigation, which is one reason many landlords and tenants seek guidance from a professional before sending or responding to a rent increase notice.
What You Should Do Now
- Check your county. Confirm whether your rental property sits in Los Angeles, Orange, Imperial, or San Diego County, since only these counties are currently covered by the October 15, 2026 proclamation.
- Calculate the 10% cap carefully. Base the 10% figure on the rent that was in effect immediately before October 15, 2026, not on a rent you had already planned to charge.
- Pause any pending rent increase notices. If you sent or received a notice proposing an increase above 10%, review it against Penal Code 396 before it takes effect.
- Keep documentation. Save leases, rent increase notices, payment records, and any communications about rent changes dated on or after October 15, 2026.
- Watch the deadline. The current cap runs through at least November 14, 2026. Check for updates from the Governor’s office, since the state may extend the emergency declaration.
- Ask about local rules too. Some cities in Los Angeles and Orange counties have their own rent control or just cause eviction ordinances that may apply alongside the state emergency cap.
How TEZ Law Firm Can Help
TEZ Law Firm advises landlords and tenants in Los Angeles and Orange counties on rent increase disputes, lease reviews, and eviction matters connected to California’s emergency price-gouging law and other landlord-tenant rules. The firm’s attorneys can review a rent increase notice, a lease, or a tenant complaint and explain how Penal Code 396 and related state and local laws may apply to a specific property. For broader landlord-tenant and eviction matters, readers can learn more on the firm’s business litigation and landlord-tenant page, and for questions touching on property ownership, leases, or construction-related issues, the firm’s real estate and construction page has more information.
Frequently Asked Questions
Does the 10% cap apply to all rental units in Los Angeles and Orange counties?
Yes, under Penal Code 396, the 10% cap generally applies to housing rental price increases in the declared counties, including units that would normally be exempt from AB 1482 or local rent control. There are some narrow exceptions in the statute, so it is worth reviewing the specific property and lease terms.
How long does the emergency rent cap last?
As of November 3, 2026, the cap is in effect through at least November 14, 2026, based on the Governor’s October 15, 2026 emergency proclamation for Tropical Storm Rachel. The state may extend the declared emergency, which would extend the cap, so it is important to check for updates near the deadline.
What happens if a landlord raises rent more than 10% during the emergency?
A landlord who charges more than 10% above the pre-emergency rent can face misdemeanor criminal charges under Penal Code 396, as well as civil penalties and potential lawsuits from tenants or government enforcers. Tenants who believe they were overcharged can document the increase and raise it with the landlord, local code enforcement, or the California Attorney General’s office.
Does this emergency law change eviction rules too?
Penal Code 396 focuses on rent increases, not eviction procedures. Existing just cause eviction protections, notice periods, and local ordinances in cities such as Los Angeles and Anaheim continue to apply during this emergency period.
What if my property is in San Bernardino or Riverside County?
The current October 15, 2026 proclamation names Los Angeles, Orange, Imperial, and San Diego counties only. Landlords and tenants in San Bernardino and Riverside counties, including Ontario, Pomona, San Bernardino, and Riverside, should monitor the Governor’s office in case the declared area expands.
Rent increase disputes during a declared emergency can move quickly, and the rules can change as the state updates its proclamation. If you are a landlord or tenant in West Covina, Los Angeles, Anaheim, or another part of Southern California trying to understand a rent increase notice before the November 14, 2026 deadline, you can schedule a consultation with TEZ Law Firm to review your situation. JJ Zhang, the firm’s managing attorney (California Bar #326666), oversees the firm’s landlord-tenant and real estate matters from its West Covina, City of Industry, and Newport Beach offices.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Laws and agency practices change; contact TEZ Law Firm (West Covina, California) at 626-888-6856 or [email protected] about your situation. Prior results do not guarantee a similar outcome.