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Burlingame is a mid-sized city of roughly 32,000 residents on the San Francisco Peninsula in San Mateo County. Its location between San Francisco and Silicon Valley makes it a high-demand rental market, and tenants frequently seek guidance on rent increase limits, security deposit rules, and eviction protections.
Unlike some neighboring Bay Area cities, Burlingame has no local rent control ordinance — a 1987 voter measure (the Burlingame Fair Property Rights Ordinance) effectively bars the city from imposing direct price controls on rents. Tenants in Burlingame are protected instead by California statewide law, primarily the Tenant Protection Act of 2019 (AB 1482), which caps rent increases and requires landlords to have just cause before evicting most long-term tenants.
This article provides a general overview of tenant rights in Burlingame, California. It is informational only and does not constitute legal advice. Laws change frequently — consult a licensed attorney or a local legal aid organization for guidance specific to your situation.
Burlingame does not have a local rent control or rent stabilization ordinance. In 1987, Burlingame voters passed Measure T (the Burlingame Fair Property Rights Ordinance), which prohibits the city from enacting laws that impose direct restrictions on the price for which real property may be rented. As a result, Burlingame cannot adopt a municipal rent control program.
Instead, rent increase limits in Burlingame are governed entirely by California state law. Under the Tenant Protection Act of 2019 (AB 1482, codified at Civil Code § 1947.12), landlords of covered units may not raise rent by more than 5% plus the local Consumer Price Index (CPI) percentage change, with a maximum cap of 10% per year. This cap applies through January 1, 2030.
AB 1482 covers most residential rental units that are more than 15 years old and are not single-family homes or condos where the owner has provided the required exemption notice. Newly constructed units, owner-occupied duplexes, and certain other categories are exempt. Tenants should check whether their specific unit is covered.
California provides a robust set of statewide tenant protections that apply in Burlingame:
Rent increase limits: AB 1482 (Civil Code § 1947.12) limits rent increases for covered units to 5% + local CPI, not to exceed 10%, in any 12-month period through January 1, 2030. Increases above this amount are unlawful.
Just-cause eviction: Under AB 1482 (Civil Code § 1946.2) and as tightened by SB 567 (effective April 1, 2024), landlords of covered units must have a valid at-fault or no-fault reason to terminate a tenancy after the tenant has resided in the unit for at least 12 months. No-fault terminations generally require payment of relocation assistance equal to one month's rent.
Security deposit cap: AB 12 (effective July 1, 2024) limits security deposits to a maximum of one month's rent for most rentals (Civil Code § 1950.5). Landlords must return deposits within 21 days of move-out with an itemized statement of any deductions.
Habitability: Landlords must maintain rental units in a habitable condition (Civil Code §§ 1941.1, 1942). Tenants have the right to repair-and-deduct for minor repairs (up to one month's rent) if the landlord fails to act within a reasonable time.
Anti-retaliation: Landlords may not retaliate against tenants who assert their legal rights, such as requesting repairs or contacting code enforcement (Civil Code § 1942.5).
Self-help eviction prohibited: Landlords may not lock out tenants, remove doors or windows, or cut off utilities to force a move-out. Such conduct is unlawful under Civil Code § 789.3 and entitles the tenant to actual damages plus a $100-per-day penalty.
Source-of-income protection: Landlords may not refuse to rent to tenants because they use a housing voucher or other government rental assistance (Government Code § 12955).
Notice requirements: Tenants who have resided in a unit for less than one year must receive at least 30 days' written notice before termination of a month-to-month tenancy; tenants of one year or more must receive at least 60 days' written notice (Civil Code § 1946.1).
Security deposit rules for Burlingame tenants are governed by California state law (Civil Code § 1950.5). Key rules include:
Maximum deposit: As of July 1, 2024 (AB 12), landlords may charge no more than one month's rent as a security deposit for most residential units. Previously the cap was two months' rent for unfurnished units. Certain small landlords who own no more than two residential rental properties totaling no more than four units may still charge up to two months' rent through a transitional period.
Return deadline: The landlord must return the security deposit, along with an itemized written statement of any deductions, within 21 days after the tenant vacates the unit.
Permissible deductions: Landlords may deduct for unpaid rent, cleaning to restore the unit to its move-in condition, and repair of damages beyond normal wear and tear. They may not deduct for ordinary wear and tear.
Penalties for wrongful withholding: If a landlord acts in bad faith by wrongfully withholding any portion of the deposit, the tenant may be entitled to up to twice the amount wrongfully withheld in addition to actual damages (Civil Code § 1950.5(l)).
Evictions in Burlingame are governed by California state law. Landlords must follow a strict legal process — self-help evictions (lockouts, utility shutoffs, removing belongings) are illegal under Civil Code § 789.3.
Just-cause requirement: Under AB 1482 (Civil Code § 1946.2), landlords of covered units must have a just-cause reason to evict a tenant who has resided in the unit for at least 12 months. SB 567 (effective April 1, 2024) strengthened these protections by imposing stricter requirements for no-fault terminations. At-fault just causes include nonpayment of rent, lease violations, criminal activity, and subletting without permission. No-fault just causes include owner move-in, withdrawal of the unit from the rental market, compliance with a government order, and demolition or substantial renovation.
Notice periods: The landlord must serve a written notice before filing an eviction lawsuit:
Unlawful detainer (UD) lawsuit: If the tenant does not vacate after the notice period expires, the landlord must file an unlawful detainer lawsuit in San Mateo County Superior Court. The tenant has 5 business days after service of the summons and complaint to file a written response. If the tenant responds, the court schedules a hearing, typically within 20 days. If the landlord prevails, the court issues a judgment and a writ of possession, which is served by the Sheriff. The Sheriff's lockout is the only lawful means of removing a tenant.
Relocation assistance: For no-fault evictions under AB 1482, landlords must pay the tenant one month's rent in relocation assistance (Civil Code § 1946.2(d)).
This article is for informational purposes only and does not constitute legal advice. Tenant and landlord rights are governed by laws that change frequently. The information on this page may not reflect the most current legal developments. Burlingame tenants should consult a licensed California attorney or a local legal aid organization for advice specific to their situation. Do not rely on this article as a substitute for professional legal counsel.
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