California AB 380 Could Freeze Your Retail Rents—See the Loopholes Before It’s Too Late

Marc Perlof • July 25, 2025

Hey Retail Real Estate Rockstars!

Let’s talk about something important that’s happening in California:
AB 380. This new law was created because, after wildfires and disasters earlier this year, some landlords raised rents on small business tenants by up to 300%. Places like cafés, stores, and barbershops were hit hard. People got angry. The government stepped in.¹

AB 380 is a new rule that may stop landlords from raising rent too much during emergencies. It’s not a normal rent control law, but it does limit how much rent can go up when something like a wildfire or pandemic happens.


What’s Happening Now?

AB 380 already passed the California Assembly. Now it’s going through the State Senate.

  • On July 8, 2025, the bill passed the Senate Public Safety Committee
  • It’s now being reviewed by the Senate Appropriations Committee²
  • After that, it will need to pass a full Senate floor vote
  • The final vote may happen later this summer


What Does AB 380 Do?

If it becomes law, here’s what it would do:

  • Stop rent increases over 10% during emergencies, like wildfires or floods¹
  • Apply to small businesses like cafés, hair salons, stores, and laundromats²
  • Block landlords from raising rent to cover repairs during emergencies²
  • Fine landlords up to $25,000 if they break the rule³


Which Tenants Are Protected?

AB 380 helps small business tenants during hard times. It applies to:

  • Local cafés, bakeries, and restaurants
  • Retail shops, like phone stores or clothing boutiques
  • Barbershops, dry cleaners, and gyms
  • Doctors and other offices in retail spaces
  • If they’re in a declared emergency zone, and you're negotiating new leases or renewals, the law caps rent increases at 10%—even if the old lease has expired.²


Do Big Chains Get Protection Too?

Yes, they do. Even if your tenant is a big-name business, like a fast food restaurant, pharmacy, grocery store, or national gym, the rule still applies. That’s because AB 380 covers all commercial tenants, not just small local shops. So if a franchise or national chain signs a lease or gets a rent increase during an emergency, that increase can’t go over 10%. This means landlords have to follow the same rule, whether the tenant is a local business or a major brand.¹


What AB 380 Does Not Do

Here’s what the law doesn’t do:

  • It does not create permanent rent control
  • It only limits rent during emergencies
  • After the emergency ends, landlords can raise rent as usual⁴


Already Have a Long Lease?

If your lease already includes annual rent increases or CPI adjustments, AB 380 won’t affect it. The rule only applies to new leases or changes made during emergencies. So if your tenant signed a 5-year lease with 3% increases, those terms still count. Just make sure any new deals include rent bumps you can depend on.


Wait—Does This Mean Year-Round Rent Control?

No. That’s a common misunderstanding. AB 380 is not permanent rent control. It only kicks in during emergencies declared by the state or city. Once the emergency is over, you can go back to market rent, as long as your lease allows it.¹ ²


What the Numbers Say

  • Over 5,000 complaints were filed after the 2024 wildfires²
  • Rent overcharges were over $21 million per month in some places⁴
  • Price gouging complaints rose 52% across California since 2021⁵


A Message for Retail Property Owners

AB 380 could change how you do business when disaster strikes. But you still have options. The key is knowing the rules, planning ahead, and protecting your income.
If you’re a retail property owner in California,
AB 380 could block you from raising rent above 10% — even if your lease expires — during any declared emergency. That means you might miss out on thousands in rent increases unless your leases are written the right way. The smart move? Make sure your leases are crisis-proof  so you can stay compliant and still protect your income.

Call or DM me for more information.


Think About This…

If a disaster lasts for months and you can’t raise rent past 10%, how will you protect your cash flow and still stay within the law?

#CaliforniaAB380 #PriceGouging #CommercialRentControl #RetailRealEstate #SmallBusinessRights




Footnotes

  1. AB 380 Bill Text – California Legislature
  2. California Penal Code § 396
  3. AB 380 Assembly Bill Analysis
  4. Los Angeles Times – Wildfire Rent Gouging Cases Surge
  5. California Attorney General Consumer Complaint Data 2024


This content is provided for general informational purposes only and does not constitute legal, tax, or financial advice. Landlords, tenants, and property owners should consult with qualified legal counsel or tax professionals to understand how California AB 380 and related regulations apply to their specific situation. No attorney-client or fiduciary relationship is created by this communication.




© 2025 Marc Perlof Group. All rights reserved.

By Marc Perlof July 25, 2025
CEO of American Realty Advisors elected to Downtown Santa Monica board Stanley Iezman has been elected to the board of Downtown Santa Monica, Inc. (DTSM), filling the vacant property owner seat left open after the resignation of longtime board member Julia Ladd. The results were announced Thursday by DTSM CEO Andrew Thomas, who praised the caliber of candidates and the level of engagement from the downtown property ownership community...
By Marc Perlof July 18, 2025
This West Coast Fast Food Chain Is Making a Return To Chicago After 40 Years After more than 40 years, Jack in the Box is reopening in the Chicago area. According to NBC Chicago, the iconic fast food chain announced in June that it plans to open up to 10 new locations in the city and suburbs over the next two years as part of an expansion into the Chicago market...
By Marc Perlof July 17, 2025
Hey, Retail Real Estate Rockstars! The brand-new “Big Beautiful Bill” (H.R. 1) just rewired the tax rules. Here’s five headline changes—and exactly when they start or end—that can boost (or bruise) your next retail property move. Key Tax Breaks & Deadlines 100 Percent Bonus Depreciation – Applies to assets bought after January 19, 2025 and is permanent (no sunset).¹ Opportunity Zones 2025 – Program is now permanent; new zones certified July 2025 (active January 1, 2027) and each zone lasts 10 years.² Low Income Housing Tax Credit Expansion – Extra 12 % allocation begins January 1 , 2026 and stays in force permanently.³ SALT Deduction Cap Increase 2025 – Cap jumps to $40k for tax years 2025–2029; snaps back to $10k in 2030.⁴ Energy Tax Credit Repeal for Commercial Buildings (§ 179D) – Deduction stays alive until projects starting after June 30, 2026; then it ends.⁵ What You Need to Know 100 Percent Bonus Depreciation is forecast to add $280 B in first-year deductions nationwide over the next decade.¹ LIHTC boost could create 80,000 extra affordable rentals between 2026-2035.³ SALT cap hike will reduce federal taxes for about 13 M households, many of them pass-through property owners.⁴ Only 24 months remain to lock in § 179D on new efficiency projects before repeal.⁵ Fast Data Points The LIHTC “bond test” drops to 25 % of project cost, letting more deals qualify for 4 % credits.³ Raising the SALT cap is projected to cost $350 B over ten years.⁴ OZ investors can still hit a 15 % basis boost after a 10-year hold under the permanent rules.² Why This Matters to Retail Owners Instant Expense Power – Spend $500k on tenant improvements in 2025 and deduct all $500k that same year.¹ Long-Game Site Selection – A store inside a new OZ can defer gains and boost basis—perfect for 10 to 15 year strategies.² Affordable-Mixed Play – Add LIHTC apartments above ground-floor retail and tap into the larger 2026 credit pool.³ Personal Tax Relief – With the SALT cap set at $40k, California LLC owners can fully deduct state taxes for five years.⁴ Green Upgrade Countdown – Pull permits for lighting or HVAC upgrades before July 2026 to keep the § 179D deduction.⁵ Want these rules working for your rent roll, refinance, or next acquisition? Call or DM me for more information—let’s get a head start on your 2025/2026 real estate strategy before the competition wakes up. Which of these changes will shift your next leasing or investment move first—instant write-offs, permanent OZs, bigger housing credits, SALT relief, or locking in green deductions? Keep an eye out in the coming weeks—we’ll be diving deeper into each of these game-changing updates. #RetailRealEstate #CREInvesting #TaxStrategy #OpportunityZones #BonusDepreciation
More Posts