Tenant Rights in Hillsborough, California

Key Takeaways

  • No local rent control. State AB 1482 caps annual increases at 5% + CPI (max 10%) for covered units (Civ. Code § 1947.12).
  • Must be returned within 21 days of move-out with itemized statement; wrongful withholding entitles tenant to 2x the withheld amount (Civ. Code § 1950.5).
  • 30 days if tenant has lived there less than 1 year; 60 days if 1 year or more (Civ. Code § 1946.1).
  • Just cause required for covered tenancies after 12 months of occupancy under AB 1482 / SB 567 (Civ. Code § 1946.2).
  • Legal Aid Society of San Mateo County, Bay Area Legal Aid, Project Sentinel

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1. Overview: Tenant Rights in Hillsborough

Hillsborough is a small incorporated town in San Mateo County, California, known for its large residential estates and absence of commercial development. Unlike many Bay Area cities, Hillsborough has not enacted any local rent control, just-cause eviction, or tenant protection ordinances. Renters in Hillsborough are protected exclusively by California state law.

Tenants commonly ask whether Hillsborough has its own rent cap, local eviction rules, or housing board — the answer is no. All relevant protections flow from statewide statutes, including the Tenant Protection Act of 2019 (AB 1482), the security deposit law (Civ. Code § 1950.5), and the habitability requirements of Civ. Code §§ 1941.1 and 1942.

This article summarizes those state protections as they apply to Hillsborough residents. It is provided for informational purposes only and does not constitute legal advice. Laws change; consult a licensed California attorney or a local legal aid organization for advice specific to your situation.

2. Does Hillsborough Have Rent Control?

Hillsborough has no local rent stabilization or rent control ordinance. The Town has not adopted any municipal code provisions governing rent increases, and no such ordinance is under active consideration as of May 2026.

In the absence of a local law, California's statewide Tenant Protection Act of 2019 (AB 1482, codified at Civ. Code § 1947.12) applies to eligible rental units. Under AB 1482, annual rent increases are capped at 5% plus the local Consumer Price Index (CPI), with a maximum of 10%, and no more than two increases are permitted in any 12-month period. This cap applies only to units that have been occupied for at least 12 months and are not otherwise exempt.

Common exemptions from AB 1482 include single-family homes and condos where the owner has provided the required written exemption notice, units built within the last 15 years, and owner-occupied duplexes. Because Hillsborough's housing stock consists largely of single-family residences, many local rental units may fall outside AB 1482's rent cap — tenants should review their lease and consult an attorney to determine coverage.

3. California State Tenant Protections That Apply in Hillsborough

California provides a robust set of statewide tenant protections that apply in Hillsborough:

Rent Cap (AB 1482 / Civ. Code § 1947.12): For covered units, annual rent increases are limited to 5% + local CPI, not to exceed 10%. Landlords may not impose more than two increases in any rolling 12-month period.

Just Cause Eviction (AB 1482 / SB 567 / Civ. Code § 1946.2): Once a tenant has lived in a covered unit for 12 months, the landlord must have legally recognized just cause to terminate the tenancy. At-fault causes include nonpayment of rent, breach of lease, and nuisance. No-fault causes (such as owner move-in or substantial remodel) require the landlord to pay the tenant one month's rent as relocation assistance.

Security Deposit Cap (AB 12 / Civ. Code § 1950.5): Effective July 1, 2024, most landlords may collect no more than one month's rent as a security deposit. The deposit must be returned within 21 days of the tenant vacating, accompanied by an itemized written statement of any deductions. Wrongful withholding entitles the tenant to actual damages plus a penalty of up to twice the withheld amount.

Habitability (Civ. Code §§ 1941.1, 1942): Landlords must maintain rental units in a habitable condition, including functioning heating, plumbing, weatherproofing, and freedom from rodent infestation. If the landlord fails to repair a serious defect after reasonable notice, a tenant may, in some circumstances, repair and deduct the cost from rent (up to one month's rent) or abandon the unit and terminate the tenancy.

Retaliation Prohibited (Civ. Code § 1942.5): A landlord may not retaliate against a tenant for exercising legal rights, such as complaining about habitability conditions or contacting a government agency. Retaliatory acts — including rent increases, service reductions, or eviction threats — within 180 days of protected activity are presumed retaliatory.

Source-of-Income Discrimination Prohibited (Gov. Code § 12955): Landlords may not refuse to rent or impose different terms based on a prospective tenant's source of income, including housing vouchers.

Self-Help Eviction Prohibited (Civ. Code § 789.3): A landlord may not lock out a tenant, remove doors or windows, or cut off utilities to force a tenant out. Violations entitle the tenant to actual damages plus $100 per day of violation (minimum $250).

Notice to Terminate (Civ. Code § 1946.1): For a month-to-month tenancy, the landlord must give at least 30 days' written notice if the tenant has lived in the unit for less than one year, or at least 60 days' written notice if the tenant has lived there for one year or more.

4. Security Deposit Rules in Hillsborough

California's security deposit law (Civ. Code § 1950.5) governs all residential tenancies in Hillsborough. As amended by AB 12 (effective July 1, 2024), most landlords are limited to collecting a maximum security deposit of one month's rent, regardless of whether the unit is furnished or unfurnished. Small landlords who own no more than two residential properties with a combined total of no more than four units may still collect up to two months' rent for an unfurnished unit, but this exception is narrow.

Landlords may use the deposit only for unpaid rent, cleaning the unit to the condition it was in at move-in (not beyond), and repair of damages caused by the tenant beyond normal wear and tear.

After a tenant moves out, the landlord has 21 calendar days to either return the full deposit or send an itemized written statement of deductions along with any remaining balance and receipts for repairs costing more than $125. Failure to comply entitles the tenant to actual damages plus a bad-faith penalty of up to twice the amount wrongfully withheld (Civ. Code § 1950.5(l)).

5. Eviction Process and Your Rights in Hillsborough

Hillsborough landlords must follow California's statutory eviction process; self-help evictions (lockouts, utility shutoffs) are illegal under Civ. Code § 789.3 and expose the landlord to penalties of $100 per day (minimum $250) plus actual damages.

Notice Requirements: The type of notice required depends on the reason for eviction:

Just Cause Requirement (Civ. Code § 1946.2): For covered tenancies under AB 1482 / SB 567 (effective April 1, 2024), after the tenant has occupied the unit for 12 months, the landlord must have legally recognized just cause to evict. No-fault just-cause evictions (owner move-in, substantial remodel, taking the unit off the market) require the landlord to pay the tenant one month's rent as relocation assistance before or at the time of service of the notice.

Unlawful Detainer Court Process: If the tenant does not vacate after a valid notice expires, the landlord must file an Unlawful Detainer lawsuit in San Mateo County Superior Court. The tenant has 5 business days to file a written response after being served the summons and complaint. If the tenant responds, a court hearing is set; the landlord bears the burden of proving grounds for eviction. Only a sheriff or marshal may physically remove a tenant pursuant to a court-issued writ of possession — never the landlord acting alone.

6. Resources for Hillsborough Tenants

This article is provided for general informational purposes only and does not constitute legal advice. Tenant and landlord rights laws change frequently; the information above may not reflect the most current statutes or local ordinances. Readers should verify all information with a licensed California attorney or qualified legal aid organization before taking action. Nothing in this article creates an attorney-client relationship.

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Frequently Asked Questions

Does Hillsborough have rent control?
No. Hillsborough has not enacted any local rent control or rent stabilization ordinance. Tenants may be protected by California's statewide rent cap under AB 1482 (Civ. Code § 1947.12), which limits annual increases to 5% plus the local CPI, with a maximum of 10%, but only for eligible rental units that have been occupied for at least 12 months and are not otherwise exempt.
How much can my landlord raise my rent in Hillsborough?
If your unit is covered by California's Tenant Protection Act (AB 1482, Civ. Code § 1947.12), your landlord may raise the rent by no more than 5% plus the local CPI, up to a maximum of 10% per year. Common exemptions include single-family homes and condos where the required exemption notice has been given, and units built within the last 15 years. If your unit is exempt, state law does not cap the rent increase amount, though any increase must still comply with your lease terms and adequate notice must be given.
How long does my landlord have to return my security deposit in Hillsborough?
Your landlord must return your security deposit — or provide an itemized written statement of deductions plus any remaining balance — within 21 calendar days of you vacating the unit (Civ. Code § 1950.5). If your landlord wrongfully withholds any portion of the deposit, you may be entitled to your actual damages plus a bad-faith penalty of up to twice the amount wrongfully withheld.
What notice does my landlord need before evicting me in Hillsborough?
For a month-to-month tenancy, your landlord must give at least 30 days' written notice if you have lived there for less than one year, or at least 60 days' notice if you have lived there for one year or more (Civ. Code § 1946.1). If your tenancy is covered by AB 1482 after 12 months of occupancy, the landlord must also have legally recognized just cause to terminate and, for no-fault terminations, pay you one month's rent in relocation assistance (Civ. Code § 1946.2).
Can my landlord lock me out or shut off utilities in Hillsborough?
No. California law strictly prohibits self-help evictions (Civ. Code § 789.3). A landlord may not change your locks, remove your doors or windows, or shut off your water, gas, or electricity to force you to leave. Violations entitle you to actual damages plus a penalty of $100 for each day of the violation (minimum $250). The only lawful way to remove a tenant is through a court-ordered unlawful detainer judgment and a writ of possession carried out by the sheriff.
What can I do if my landlord refuses to make repairs in Hillsborough?
California law requires landlords to maintain rental units in a habitable condition (Civ. Code §§ 1941.1, 1942). If your landlord fails to make a necessary repair after you have given reasonable written notice, you may have the right to repair the problem and deduct the cost from one month's rent (the 'repair and deduct' remedy), or in serious cases, to vacate and terminate the tenancy. You may also contact your local code enforcement office or file a complaint with California's Department of Consumer Affairs. Consulting the Legal Aid Society of San Mateo County at (650) 517-8911 is advisable before taking action.

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