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Lease clauses / Rent increase clauses

Rent Increase Clause in a Lease: Notice Rules & Rent Control by State

In a fixed-term lease the rent is generally locked for the term unless the lease itself allows increases. Watch for escalation clauses that let the landlord raise rent mid-lease or by an open-ended amount, and know your state's notice rules and whether any statewide rent cap applies.

What it looks like in a lease

  • “Landlord may increase rent at any time upon 30 days' written notice.”
  • “Rent shall increase by 8% upon any renewal or extension.”
  • “Tenant agrees to pay any increase in property taxes or insurance as additional rent.”

Why it's a red flag

  • A mid-term increase clause defeats the main benefit of a fixed-term lease: a predictable cost.
  • Pass-through clauses (taxes, insurance, utilities) make your rent open-ended.
  • Some states cap increases or require long notice — a clause may conflict with them.

What to ask your landlord

  • Can rent stay fixed for the full term, with any renewal increase stated now?
  • Can tax/insurance pass-through clauses be removed?

State-by-state rules

Each row links to the statute. Data as of 2026-10-18.

  • Arizona
    Notice / rule
    Not verified yet
    Statewide rent control
    No; cities and towns may not control rents on private residential property (state preemption).

    Source: A.R.S. § 33-1329

  • California
    Notice / rule
    30 days' notice for increases of 10% or less; 90 days for more than 10% (month-to-month).
    Statewide rent control
    Yes for many units: Tenant Protection Act caps yearly increases at 5% + local CPI, max 10% (exemptions incl. buildings under 15 years old and many single-family homes with proper notice).

    Source: Cal. Civ. Code §§ 827, 1947.12

  • Colorado
    Notice / rule
    Not verified yet
    Statewide rent control
    No; counties and municipalities are prohibited from enacting rent control (C.R.S. 38-12-301).

    Source: C.R.S. § 38-12-301

  • Florida
    Notice / rule
    No separate statute; for month-to-month tenancies a change effectively needs the 30-day termination notice (83.57).
    Statewide rent control
    No. Local rent control is barred except under a narrow housing-emergency procedure (125.0103), and local regulation of residential tenancies is preempted to the state (83.425).

    Source: Fla. Stat. § 125.0103

  • Georgia
    Notice / rule
    No statutory notice period beyond ending the tenancy.
    Statewide rent control
    No; local rent control is preempted (O.C.G.A. 44-7-19).

    Source: O.C.G.A. § 44-7-19

  • Illinois
    Notice / rule
    No statewide notice statute beyond ending a periodic tenancy.
    Statewide rent control
    No; local rent control is preempted (50 ILCS 825).

    Source: 50 ILCS 825

  • Kentucky
    Notice / rule
    Not verified yet
    Statewide rent control
    Not verified yet
  • Louisiana
    Notice / rule
    Not verified yet
    Statewide rent control
    Not verified yet
  • Maryland
    Notice / rule
    Written notice at least 90 days ahead for tenancies longer than 1 month, 60 days for 1 week to 1 month; sent by first-class mail with certificate of mailing (or e-delivery if the tenant elects).
    Statewide rent control
    No statewide cap found in Title 8; § 8-209 only regulates notice and does not displace local laws.

    Source: Md. Code, Real Prop. § 8-209

  • Minnesota
    Notice / rule
    No general statutory notice period for rent increases. But if a lease gives the landlord a different notice period than the tenant, the landlord's notice of a rent increase (or to quit / non-renewal) may not be shorter than the notice the lease requires from the tenant; this cannot be waived.
    Statewide rent control
    No; cities and counties may control rents only through an ordinance or charter amendment approved in a general election (Minn. Stat. § 471.9996).

    Source: Minn. Stat. §§ 504B.147, 471.9996

  • Missouri
    Notice / rule
    Not verified yet
    Statewide rent control
    Cities and counties may not enact or enforce rent control ordinances (with narrow exceptions for subsidized/public property).

    Source: RSMo § 441.043

  • Nevada
    Notice / rule
    Written notice 60 days before the first increased payment (30 days if the periodic tenancy is under 1 month).
    Statewide rent control
    No statewide cap on the amount found; the statute only requires notice.

    Source: NRS 118A.300

  • New York
    Notice / rule
    Increases of 5% or more (or non-renewal) need the same 30/60/90-day notice as termination.
    Statewide rent control
    No statewide cap. Rent stabilization covers many NYC units. Good Cause Eviction (RPL Art. 6-A, 2024) applies in NYC and opt-in localities: increases above the lesser of 10% or CPI + 5% are presumed unreasonable (not a hard cap; many exemptions).

    Source: N.Y. Real Prop. Law § 226-c

  • North Carolina
    Notice / rule
    No statutory notice period beyond ending the tenancy.
    Statewide rent control
    No; local rent control is preempted (N.C.G.S. 42-14.1).

    Source: N.C.G.S. § 42-14.1

  • Ohio
    Notice / rule
    No statutory notice period beyond ending a periodic tenancy.
    Statewide rent control
    No.
  • Oregon
    Notice / rule
    No increase in the first year; afterwards 90 days written notice, once per 12 months, and no more than the annual cap: lesser of 10% or 7% plus CPI (West Region). Cap is 9.5% for 2026 and 10% for 2027 (DAS announcement Sept 28, 2026). Buildings with a certificate of occupancy under 15 years old, and some subsidized units, are exempt.
    Statewide rent control
    Yes; statewide annual rent cap (ORS 90.323, 90.324). Violation: 3 months' rent plus damages.

    Source: ORS 90.323, 90.324

  • Pennsylvania
    Notice / rule
    No statutory notice period.
    Statewide rent control
    No.
  • South Carolina
    Notice / rule
    No rent-increase notice period in the Residential Landlord and Tenant Act; increases above fair-market value can be retaliatory after a protected complaint (27-40-910).
    Statewide rent control
    Not verified yet

    Source: S.C. Code Ann. § 27-40-910

  • Tennessee
    Notice / rule
    Not verified yet
    Statewide rent control
    No; local governments may not control rent (Tenn. Code Ann. 66-35-102).

    Source: Tenn. Code Ann. § 66-35-102

  • Texas
    Notice / rule
    No statutory notice period beyond ending the tenancy; follow the lease.
    Statewide rent control
    No; local rent control is preempted except in declared disasters (Local Gov't Code 214.902).

    Source: Tex. Loc. Gov't Code § 214.902

  • Utah
    Notice / rule
    Not verified yet
    Statewide rent control
    Not verified yet
  • Virginia
    Notice / rule
    Landlords owning more than four rental units (or >10% interest in more than four) must give written notice of a rent increase for the next term, and of non-renewal, at least 60 days before the lease term ends, to tenants with a renewal option or auto-renewal clause. An amended version effective July 1, 2027 raises the rent-increase notice to 90 days.
    Statewide rent control
    Not verified yet

    Source: Va. Code § 55.1-1204(K)

  • Washington
    Notice / rule
    At least 90 days' written notice of any rent increase (30 days for income-based subsidized tenancies), using the state-required notice form; an increase cannot take effect before the lease term ends.
    Statewide rent control
    Yes (since May 7, 2025): no increase in the first 12 months of a tenancy, then at most 7% + CPI or 10%, whichever is less, per 12 months; the Department of Commerce publishes the yearly figure. Exempt: units whose first certificate of occupancy is 12 years old or newer, some nonprofit/public/low-income housing, and some owner-occupied homes and 2–4 unit buildings.

    Source: RCW 59.18.140, 59.18.700, 59.18.710, 59.18.720

StateNotice / ruleStatewide rent controlSource
ArizonaNot verified yetNo; cities and towns may not control rents on private residential property (state preemption).A.R.S. § 33-1329
California30 days' notice for increases of 10% or less; 90 days for more than 10% (month-to-month).Yes for many units: Tenant Protection Act caps yearly increases at 5% + local CPI, max 10% (exemptions incl. buildings under 15 years old and many single-family homes with proper notice).Cal. Civ. Code §§ 827, 1947.12
ColoradoNot verified yetNo; counties and municipalities are prohibited from enacting rent control (C.R.S. 38-12-301).C.R.S. § 38-12-301
FloridaNo separate statute; for month-to-month tenancies a change effectively needs the 30-day termination notice (83.57).No. Local rent control is barred except under a narrow housing-emergency procedure (125.0103), and local regulation of residential tenancies is preempted to the state (83.425).Fla. Stat. § 125.0103
GeorgiaNo statutory notice period beyond ending the tenancy.No; local rent control is preempted (O.C.G.A. 44-7-19).O.C.G.A. § 44-7-19
IllinoisNo statewide notice statute beyond ending a periodic tenancy.No; local rent control is preempted (50 ILCS 825).50 ILCS 825
KentuckyNot verified yetNot verified yet—
LouisianaNot verified yetNot verified yet—
MarylandWritten notice at least 90 days ahead for tenancies longer than 1 month, 60 days for 1 week to 1 month; sent by first-class mail with certificate of mailing (or e-delivery if the tenant elects).No statewide cap found in Title 8; § 8-209 only regulates notice and does not displace local laws.Md. Code, Real Prop. § 8-209
MinnesotaNo general statutory notice period for rent increases. But if a lease gives the landlord a different notice period than the tenant, the landlord's notice of a rent increase (or to quit / non-renewal) may not be shorter than the notice the lease requires from the tenant; this cannot be waived.No; cities and counties may control rents only through an ordinance or charter amendment approved in a general election (Minn. Stat. § 471.9996).Minn. Stat. §§ 504B.147, 471.9996
MissouriNot verified yetCities and counties may not enact or enforce rent control ordinances (with narrow exceptions for subsidized/public property).RSMo § 441.043
NevadaWritten notice 60 days before the first increased payment (30 days if the periodic tenancy is under 1 month).No statewide cap on the amount found; the statute only requires notice.NRS 118A.300
New YorkIncreases of 5% or more (or non-renewal) need the same 30/60/90-day notice as termination.No statewide cap. Rent stabilization covers many NYC units. Good Cause Eviction (RPL Art. 6-A, 2024) applies in NYC and opt-in localities: increases above the lesser of 10% or CPI + 5% are presumed unreasonable (not a hard cap; many exemptions).N.Y. Real Prop. Law § 226-c
North CarolinaNo statutory notice period beyond ending the tenancy.No; local rent control is preempted (N.C.G.S. 42-14.1).N.C.G.S. § 42-14.1
OhioNo statutory notice period beyond ending a periodic tenancy.No.—
OregonNo increase in the first year; afterwards 90 days written notice, once per 12 months, and no more than the annual cap: lesser of 10% or 7% plus CPI (West Region). Cap is 9.5% for 2026 and 10% for 2027 (DAS announcement Sept 28, 2026). Buildings with a certificate of occupancy under 15 years old, and some subsidized units, are exempt.Yes; statewide annual rent cap (ORS 90.323, 90.324). Violation: 3 months' rent plus damages.ORS 90.323, 90.324
PennsylvaniaNo statutory notice period.No.—
South CarolinaNo rent-increase notice period in the Residential Landlord and Tenant Act; increases above fair-market value can be retaliatory after a protected complaint (27-40-910).Not verified yetS.C. Code Ann. § 27-40-910
TennesseeNot verified yetNo; local governments may not control rent (Tenn. Code Ann. 66-35-102).Tenn. Code Ann. § 66-35-102
TexasNo statutory notice period beyond ending the tenancy; follow the lease.No; local rent control is preempted except in declared disasters (Local Gov't Code 214.902).Tex. Loc. Gov't Code § 214.902
UtahNot verified yetNot verified yet—
VirginiaLandlords owning more than four rental units (or >10% interest in more than four) must give written notice of a rent increase for the next term, and of non-renewal, at least 60 days before the lease term ends, to tenants with a renewal option or auto-renewal clause. An amended version effective July 1, 2027 raises the rent-increase notice to 90 days.Not verified yetVa. Code § 55.1-1204(K)
WashingtonAt least 90 days' written notice of any rent increase (30 days for income-based subsidized tenancies), using the state-required notice form; an increase cannot take effect before the lease term ends.Yes (since May 7, 2025): no increase in the first 12 months of a tenancy, then at most 7% + CPI or 10%, whichever is less, per 12 months; the Department of Commerce publishes the yearly figure. Exempt: units whose first certificate of occupancy is 12 years old or newer, some nonprofit/public/low-income housing, and some owner-occupied homes and 2–4 unit buildings.RCW 59.18.140, 59.18.700, 59.18.710, 59.18.720

Cities and counties can add stricter rules (e.g. Chicago, New York City). Other states: coming soon.

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Other clauses to check

  • Non-refundable security deposits
  • Late fees
  • Landlord entry without notice
  • “Tenant pays all repairs” clauses
  • Automatic renewal clauses
  • Waivers of tenant rights
  • Move-out cleaning & carpet fees

General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.

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