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Martinez is the county seat of Contra Costa County, located in the East Bay region of the San Francisco Bay Area. Like many Bay Area cities of its size, Martinez has a substantial renter population that relies on California's statewide landlord-tenant statutes for core protections. The city has not enacted any local rent control or additional tenant-protection ordinances beyond what state law provides.
California's sweeping 2019 Tenant Protection Act (AB 1482, codified at Civil Code §§ 1946.2 and 1947.12) extended rent increase caps and just-cause eviction requirements to most rental units statewide, giving Martinez renters meaningful protections even without a local ordinance. The California Civil Code and the California Code of Civil Procedure also govern security deposits, habitability, anti-retaliation, and the formal eviction process throughout the state.
This page summarizes the key state-law protections that apply to Martinez renters, including the statutes you should cite if a dispute arises. This content is for general informational purposes only and does not constitute legal advice. If your situation is complex, consult a licensed California attorney or a local legal aid organization.
No Local Rent Control Ordinance. The City of Martinez has not adopted a local rent stabilization or rent control ordinance. Unlike neighboring cities such as Richmond or Oakland, Martinez imposes no additional cap on rent increases beyond what California state law provides.
Statewide Rent Cap Under AB 1482. California's Tenant Protection Act of 2019 (Civil Code § 1947.12) limits annual rent increases to no more than 5% plus the regional Consumer Price Index (CPI), with a hard ceiling of 10% in any 12-month period. This cap applies to most residential rental units that are at least 15 years old and are not otherwise exempt. Exemptions include single-family homes and condominiums where the owner has served the required statutory notice (Civ. Code § 1947.12(d)), units already subject to a stricter local rent control ordinance, and certain affordable-housing developments.
What This Means in Practice. If your unit is covered by AB 1482, your landlord cannot raise your rent above the 5% + CPI ceiling in a rolling 12-month window, and must give you at least 30 days' written advance notice for increases up to 10%, or 90 days' written notice for increases above 10% (Civ. Code § 827). If your unit is exempt — for example, a single-family home with proper notice — your landlord may charge market-rate rent with the appropriate advance notice period.
Implied Warranty of Habitability (Civ. Code § 1941 & § 1941.1). Every California landlord must maintain rental units in a habitable condition. This means functioning plumbing, heating, electrical systems, weatherproofing, freedom from vermin, and structurally safe premises. If a landlord fails to repair a serious defect within a reasonable time after written notice, a tenant may use the repair-and-deduct remedy (up to one month's rent, twice per year) under Civil Code § 1942, or may withhold rent after following specific legal procedures.
Security Deposit Rules (Civ. Code § 1950.5). Landlords may collect a security deposit of no more than 2 months' rent for unfurnished units, or 3 months' rent for furnished units. As of July 1, 2024, AB 12 (2023) reduced the cap to 1 month's rent for most new leases (with limited exceptions for small landlords). Deposits must be returned, with an itemized statement, within 21 calendar days of the tenant vacating. Bad-faith withholding can result in a penalty of up to twice the deposit amount.
Notice Requirements for Rent Increases (Civ. Code § 827). Landlords must provide at least 30 days' advance written notice for rent increases of 10% or less, and at least 90 days' advance written notice for increases greater than 10%.
Notice to Terminate Month-to-Month Tenancy (Civ. Code § 1946.1). A landlord must give 30 days' written notice to terminate if the tenant has lived in the unit for less than one year, or 60 days' written notice if the tenant has resided there for one year or more. Tenants need only give 30 days' notice regardless of tenancy length.
Just Cause Eviction (Civ. Code § 1946.2). For covered tenancies under AB 1482 (units at least 15 years old, after the tenant has occupied for 12 months), a landlord must have a legally recognized just cause to terminate the tenancy. Just causes include nonpayment of rent, lease violations, illegal activity, and owner move-in (with relocation assistance required for no-fault causes).
Anti-Retaliation Protection (Civ. Code § 1942.5). A landlord may not retaliate against a tenant for exercising legal rights — such as requesting repairs, contacting a housing inspector, or organizing with other tenants. If a landlord retaliates within 180 days of protected activity, there is a rebuttable presumption of retaliation, and the tenant may be entitled to actual damages, punitive damages, and attorney's fees.
Prohibition on Self-Help Eviction (Civ. Code § 789.3). It is unlawful for a landlord to lock out a tenant, remove doors or windows, or willfully cut off utilities in order to force a tenant to vacate. Violations entitle the tenant to actual damages plus a penalty of $100 per day for each day of the violation, with a minimum of $250.
Deposit Cap. Under Civil Code § 1950.5, California law caps security deposits at 2 months' rent for unfurnished units and 3 months' rent for furnished units. However, AB 12 (effective July 1, 2024) reduced this cap to 1 month's rent for most new residential leases. Small landlords who own no more than two residential rental properties with a combined total of no more than four units may still charge up to 2 months' rent under the AB 12 exception.
Permissible Deductions. A landlord may deduct from the deposit only for: unpaid rent; costs to repair damages beyond normal wear and tear; cleaning to restore the unit to its move-in condition; and, if specified in the lease, the cost to restore or replace personal property (Civ. Code § 1950.5(b)).
Return Deadline. The landlord must return the remaining deposit, along with an itemized written statement of any deductions and copies of receipts for repairs exceeding $125, within 21 calendar days after the tenant surrenders possession of the unit (Civ. Code § 1950.5(g)).
Penalty for Bad-Faith Withholding. If a court finds that a landlord acted in bad faith by wrongfully withholding all or part of a security deposit, the tenant may be awarded up to twice the amount of the deposit as a penalty, in addition to actual damages (Civ. Code § 1950.5(l)). Tenants may sue in small claims court for amounts up to $12,500.
Pre-Move-Out Inspection. Under Civil Code § 1950.5(f), a tenant has the right to request a pre-move-out inspection. The landlord must inspect the unit and provide a written itemized statement of deficiencies at least 48 hours before the inspection, giving the tenant an opportunity to cure issues before vacating.
Step 1 — Written Notice. Before filing for eviction, a landlord must serve the tenant with a proper written notice. The most common notice types are: a 3-Day Notice to Pay Rent or Quit (for nonpayment); a 3-Day Notice to Perform Covenant or Quit (for a curable lease violation); a 3-Day Notice to Quit (for an incurable violation such as illegal activity); or a 30- or 60-Day Notice to Terminate (for no-fault terminations, subject to just-cause rules under Civ. Code § 1946.2). For AB 1482-covered tenancies, a no-fault termination notice must state the just cause and, where required, include an offer of one month's rent as relocation assistance.
Step 2 — Unlawful Detainer Filing (Code Civ. Proc. § 1161 et seq.). If the tenant does not comply with the notice within the specified time, the landlord may file an Unlawful Detainer (UD) lawsuit in Contra Costa County Superior Court. The court will issue a summons, and the tenant typically has 5 business days to file a written response after being served with the UD complaint.
Step 3 — Court Hearing. If the tenant responds, the court schedules a hearing, usually within 20 days. Both parties present their evidence. If the landlord prevails, the court issues a judgment for possession. If the tenant does not respond, the landlord may request a default judgment.
Step 4 — Writ of Possession. After a judgment in the landlord's favor, the court may issue a Writ of Possession. The Contra Costa County Sheriff's Office is the only party authorized to enforce the writ and physically remove a tenant, typically with a minimum of 5 days' notice posted on the door.
Self-Help Eviction Is Illegal. A landlord may never lock out a tenant, remove belongings, shut off utilities, or otherwise attempt to force a tenant out without following the court process. Doing so violates Civil Code § 789.3 and entitles the tenant to actual damages plus a statutory penalty of at least $100 per day (minimum $250).
Tenant Defenses. Common defenses include: the landlord's failure to maintain habitability (retaliatory eviction defense under Civ. Code § 1942.5); procedural defects in the notice; acceptance of rent after the notice period; and, for AB 1482-covered units, lack of a valid just cause.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex, fact-specific, and subject to change; the content above reflects our best understanding of applicable California statutes and local ordinances as of April 2026 but may not reflect subsequent legislative or regulatory changes. If you have a specific legal problem or dispute with your landlord, you should consult a licensed California attorney or contact a qualified legal aid organization in your area. RentCheckMe is not a law firm and no attorney-client relationship is created by your use of this site.
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