Tenant Rights in Foster City, California

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1. Overview: Tenant Rights in Foster City

Foster City is a planned community of approximately 33,000 residents located in San Mateo County on the San Francisco Bay. Renters in Foster City most commonly ask about rent increases, security deposit returns, eviction protections, and landlord repair obligations. The city does not have a comprehensive citywide rent control ordinance, but California's statewide Tenant Protection Act (AB 1482) provides meaningful protections for many renters.

In 2024–2025, Foster City's City Council adopted targeted local protections for below-market-rate (BMR) rental units, including just-cause eviction requirements, a BMR rental registry, and relocation assistance for no-fault displacements. Most market-rate renters rely on state law for their core protections.

This article provides general information about tenant rights in Foster City and is not a substitute for legal advice. Laws change frequently — consult a qualified attorney or legal aid organization for guidance on your specific situation.

2. Does Foster City Have Rent Control?

Foster City does not have a citywide rent control or rent stabilization ordinance that limits rent increases for market-rate units. Instead, eligible Foster City renters are protected by California's statewide Tenant Protection Act of 2019 (AB 1482), codified at Civil Code § 1947.12.

Under AB 1482, rent increases for covered units are capped at the lower of: (1) 5% plus the regional Consumer Price Index (CPI), or (2) 10% of the lowest rent charged in the prior 12 months. Only one rent increase is permitted per 12-month period. Units built within the last 15 years, single-family homes where the owner has provided proper notice of exemption, condominiums sold separately from a rental, and certain other categories are exempt from AB 1482's rent cap.

Foster City's BMR units are governed separately under the city's inclusionary housing program (Municipal Code Ch. 17.90), which maintains affordability restrictions through regulatory agreements. BMR rents are set at below-market levels and monitored through the city's rental registry launched in 2025.

3. California State Tenant Protections That Apply in Foster City

California law provides several key protections for all Foster City renters regardless of whether their unit is subject to AB 1482:

• Habitability (Civ. Code §§ 1941.1, 1942): Landlords must maintain rental units in a habitable condition, including functional heating, plumbing, and weatherproofing. If a landlord fails to make repairs within a reasonable time after written notice, tenants may repair the defect and deduct the cost from rent (up to one month's rent), subject to conditions.
• Security Deposits (Civ. Code § 1950.5): For most tenancies, security deposits are capped at 1 month's rent (AB 12, effective July 1, 2024). Landlords must return deposits within 21 days of move-out with an itemized statement of deductions.
• Notice to Terminate (Civ. Code § 1946.1): Landlords must give 30 days written notice (or 60 days if the tenant has lived there 1 year or more) to terminate a month-to-month tenancy.
• Just Cause Eviction (Civ. Code § 1946.2): Tenants in covered units who have lived in the unit for 12 months or more may only be evicted for just cause. SB 567 (effective April 1, 2024) strengthened these protections and requires relocation assistance for qualifying no-fault evictions.
• Anti-Retaliation (Civ. Code § 1942.5): Landlords may not retaliate against tenants for exercising legal rights, including complaining about habitability issues or contacting code enforcement.
• No Self-Help Eviction (Civ. Code § 789.3): Landlords may not lock out tenants, remove doors or windows, or shut off utilities to force a tenant to leave. Violations allow the tenant to recover actual damages plus $100 per day of violation.
• Source of Income (Gov. Code § 12955): Landlords may not refuse to rent to tenants based on their source of income, including housing vouchers (Section 8).

4. Foster City-Specific Rules and Local Protections

Foster City does not have a comprehensive local rent control ordinance for market-rate units. However, the City Council has adopted specific protections for below-market-rate (BMR) rental units under the city's inclusionary housing program (Municipal Code Chapter 17.90):

• Just-Cause Eviction for BMR Tenants: Landlords of BMR units must have a qualifying just cause to terminate tenancy, extending protections beyond those in AB 1482 (which exempts many affordable housing units from its provisions).
• Relocation Assistance for No-Fault Displacement: BMR tenants who are displaced through no fault of their own are entitled to three months of relocation payments at the applicable HUD rental rate.
• BMR Rental Registry: As of 2025, Foster City maintains a rental registry for BMR units to track rents, unit types, and vacancies, and to ensure compliance with affordability restrictions. Landlords of BMR units are required to register.

Market-rate renters in Foster City are not subject to any additional local rent control or just-cause rules beyond state law. Contact the Foster City Community Development Department at (650) 286-3225 or planning@fostercity.org for the latest information on local ordinances.

5. Security Deposit Rules in Foster City

Security deposit rules in Foster City are governed by California state law under Civil Code § 1950.5. Key rules include:

• Deposit Cap: Under AB 12 (effective July 1, 2024), landlords may collect a maximum security deposit equal to 1 month's rent for most unfurnished units. Prior to AB 12, the cap was 2 months' rent for unfurnished units. Small landlord exemptions may apply in limited circumstances.
• Return Deadline: Landlords must return the security deposit (or the remaining balance after lawful deductions) within 21 calendar days of the tenant vacating the unit.
• Itemized Statement Required: Along with the returned deposit, the landlord must provide a written itemized statement explaining any deductions. Receipts or invoices for repair costs over $125 must be included.
• Permissible Deductions: Landlords may only deduct for unpaid rent, cleaning costs needed to restore the unit to its condition at move-in (accounting for ordinary wear and tear), and repair of damage caused by the tenant beyond normal wear and tear.
• Penalties for Wrongful Withholding: If a landlord wrongfully withholds a security deposit in bad faith, the tenant may recover the deposit amount plus up to twice the amount wrongfully withheld as a penalty, in addition to actual damages and attorney's fees (Civ. Code § 1950.5(l)).

6. Eviction Process and Your Rights in Foster City

Evictions in Foster City must follow California state law. Self-help eviction — such as changing locks, removing belongings, or shutting off utilities — is strictly prohibited under Civil Code § 789.3 and can expose a landlord to significant liability.

Notice Requirements

• 3-Day Notice to Pay Rent or Quit: For non-payment of rent, landlords must first serve a 3-day written notice demanding payment or surrender of the unit.
• 3-Day Notice to Cure or Quit: For lease violations, the landlord must give a 3-day notice to correct the violation or vacate.
• 30- or 60-Day Notice to Quit: For no-fault terminations of month-to-month tenancies, landlords must give 30 days notice (tenancies under 1 year) or 60 days notice (tenancies of 1 year or more) under Civil Code § 1946.1.

Just-Cause Eviction (AB 1482 / SB 567)

Under Civil Code § 1946.2, tenants in covered units who have resided there for 12+ months may only be evicted for just cause. SB 567 (effective April 1, 2024) strengthened these protections. At-fault just causes include nonpayment of rent, lease violations, criminal activity, and subletting without permission. No-fault just causes include owner move-in, substantial renovation, and withdrawal of the unit from the rental market. No-fault evictions require the landlord to pay relocation assistance equal to 1 month's rent. BMR tenants in Foster City also have local just-cause protections and a right to 3 months' relocation assistance for no-fault displacement.

Court Process

If a tenant does not vacate after proper notice, the landlord must file an unlawful detainer (UD) lawsuit in San Mateo County Superior Court. The tenant has 5 business days to respond to a UD summons. If the landlord prevails, the court issues a writ of possession, and a sheriff — not the landlord — carries out any lockout. Only a sheriff may physically remove a tenant.

7. Resources for Foster City Tenants

• Legal Aid Society of San Mateo County — Free legal help for low-income tenants in San Mateo County, including eviction defense, habitability disputes, and deposit issues. Call (650) 517-8911.
• Project Sentinel — Free, neutral landlord-tenant counseling and mediation for San Mateo County residents. Covers rent increases, deposits, repairs, and local ordinances. Call (650) 321-6291 or toll-free (800) 339-6043.
• San Mateo County Tenant Protections and Rights — Official county resource summarizing tenant protections and referral services available to renters in San Mateo County.
• San Mateo County Superior Court Self-Help Center — Free assistance for landlord-tenant matters, including unlawful detainer cases, through the court's self-help clinic.
• California Attorney General — Landlord-Tenant Issues — Statewide overview of tenant rights under California law from the Office of the Attorney General.
• Tenants Together — California statewide tenant rights organization offering resources, hotlines, and referrals including to San Mateo County legal aid.

Frequently Asked Questions