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Mill Valley is a small, affluent city of approximately 14,000 residents nestled in the redwood-covered hills of Marin County, just north of San Francisco. Despite its relatively small size, the city's proximity to San Francisco and its scenic setting make it one of the most expensive rental markets in the Bay Area — and in the nation. Renters here most commonly ask about annual rent increases, eviction protections, and security deposit returns.
Mill Valley has not enacted any local rent control or tenant protection ordinances. However, California's statewide Tenant Protection Act of 2019 (AB 1482, codified at Civil Code §§ 1946.2 and 1947.12) provides meaningful protections for tenants in qualifying units, including limits on rent increases and just-cause eviction requirements. California's broader landlord-tenant statutes — the California Residential Landlord-Tenant Act and related provisions of the Civil Code — also govern habitability, security deposits, notice periods, and anti-retaliation rights for all renters in the city.
This article summarizes the laws that apply to Mill Valley renters as of April 2026. It is intended for general informational purposes only and does not constitute legal advice. Tenants with specific concerns should consult a licensed California attorney or contact a local legal aid organization.
Mill Valley has no local rent control ordinance. The City of Mill Valley has not adopted any municipal rent stabilization or rent control law, and there is no Marin County-wide rent control ordinance that applies within city limits.
California does not preempt local rent control by statute in the way some other states do; instead, cities and counties may adopt rent control voluntarily. Mill Valley has simply chosen not to do so. This means landlords of units that are exempt from California's statewide AB 1482 — such as single-family homes rented by individual owners, condominiums, and units built within the last 15 years — face no legal cap on how much they may raise the rent, as long as they comply with required notice periods.
For tenants in covered units, California's Tenant Protection Act of 2019 (Civil Code § 1947.12) does impose an annual rent increase cap of 5% plus the local Consumer Price Index (CPI), not to exceed 10% in any 12-month period. As of 2025, this cap applies to most multi-family rental units in Mill Valley that are at least 15 years old and are not otherwise exempt. Landlords must provide proper notice of any rent increase: at least 30 days' advance written notice for increases of 10% or less, and at least 90 days' written notice for increases over 10% (Civil Code § 827).
California law provides a comprehensive set of tenant protections that apply to every rental unit in Mill Valley. Key protections include the following:
Implied Warranty of Habitability (Civil Code § 1941; Health & Safety Code § 17920.3): Landlords must maintain rental units in a habitable condition, including functioning heating, plumbing, electrical systems, weatherproofing, and freedom from rodent or insect infestation. If a landlord fails to make necessary repairs after reasonable notice, tenants may have the right to repair the defect and deduct the cost from rent (up to one month's rent, Civil Code § 1942), withhold rent, or terminate the lease.
Security Deposit Rules (Civil Code § 1950.5): Landlords may collect a maximum security deposit of one month's rent for unfurnished units (as of July 1, 2024, under SB 567) and two months' rent for furnished units. The deposit must be returned — with an itemized written statement of any deductions — within 21 calendar days of the tenant vacating. Wrongful withholding entitles the tenant to recover twice the amount wrongfully withheld in addition to the actual amount owed.
Notice Requirements for Rent Increases and Termination (Civil Code §§ 827, 1946.1): Landlords must give at least 30 days' written notice for rent increases of 10% or less, and at least 90 days' written notice for increases over 10%. To terminate a month-to-month tenancy, landlords must provide 30 days' written notice if the tenant has lived there less than one year, or 60 days' written notice if the tenant has resided there one year or more.
Just-Cause Eviction (Civil Code § 1946.2 — AB 1482): For qualifying units (most multi-family properties 15+ years old), landlords must have a legally recognized just cause to terminate a tenancy — such as nonpayment of rent, lease violation, or owner move-in. Tenants displaced through no-fault just cause (e.g., owner move-in, substantial remodel) are entitled to relocation assistance equal to one month's rent.
Anti-Retaliation Protections (Civil Code § 1942.5): It is unlawful for a landlord to retaliate against a tenant for exercising any legal tenant right — such as requesting repairs, contacting a government agency, or organizing with other tenants. Retaliatory acts include rent increases, service reductions, and eviction. A tenant subjected to retaliation may sue for actual damages, punitive damages, and attorney's fees.
Prohibition on Lockouts and Utility Shutoffs (Civil Code § 789.3): Landlords are strictly prohibited from locking out a tenant, removing doors or windows, or willfully interrupting utilities (water, gas, electricity, heat) to force a tenant out. Violations entitle the tenant to actual damages plus statutory penalties of $100 per day for each day the violation continues, with a minimum penalty of $250.
Security deposit rules in Mill Valley are governed entirely by California Civil Code § 1950.5, as amended by Senate Bill 567 (effective July 1, 2024).
Maximum Deposit Amount: For unfurnished units, landlords may collect a security deposit of no more than one month's rent. For furnished units, the cap is two months' rent. This limit applies regardless of whether the landlord calls the payment a 'security deposit,' 'cleaning deposit,' or any other name. (Prior to July 1, 2024, the cap was two months' rent for unfurnished and three months' for furnished units.)
Permissible Deductions: Landlords may only deduct from the deposit for: (1) unpaid rent; (2) cleaning costs to restore the unit to the condition it was in at move-in (ordinary wear and tear excluded); (3) repair of damages caused by the tenant beyond normal wear and tear; and (4) costs to restore or replace personal property (Civil Code § 1950.5(b)).
Return Deadline: The landlord must return the remaining deposit — along with an itemized written statement of all deductions and copies of receipts for any work exceeding $125 — within 21 calendar days of the tenant surrendering possession of the unit (Civil Code § 1950.5(g)).
Penalty for Wrongful Withholding: If a landlord in bad faith retains all or part of the deposit, the tenant may sue in small claims court for the actual amount wrongfully withheld plus a penalty of up to twice the amount wrongfully withheld (Civil Code § 1950.5(l)). Tenants do not need an attorney for small claims court and can file for claims up to $12,500.
Evictions in Mill Valley follow California state law. Landlords must follow specific procedural steps and cannot remove a tenant through self-help measures.
Step 1 — Written Notice: Before filing in court, the landlord must serve the tenant with a written notice. Common notice types include:
Step 2 — Unlawful Detainer Filing: If the tenant does not comply with the notice within the applicable period, the landlord may file an unlawful detainer (eviction) lawsuit in Marin County Superior Court (Code of Civil Procedure § 1161 et seq.). The tenant has 5 business days to respond after being served with the summons and complaint.
Step 3 — Court Hearing: A judge will hear the case. If the landlord prevails, the court issues a judgment for possession. The tenant may be given a short period to vacate voluntarily.
Step 4 — Writ of Possession: If the tenant does not vacate after the judgment, the landlord may obtain a Writ of Possession, which authorizes the Marin County Sheriff to physically remove the tenant (Code of Civil Procedure § 715.010).
Self-Help Eviction Is Illegal: A landlord may not lock out a tenant, remove their belongings, shut off utilities, or otherwise force a tenant out without going through the court process. Such conduct violates Civil Code § 789.3 and entitles the tenant to actual damages plus a minimum statutory penalty of $250, with $100 per day for each day the violation continues.
Tenant Defenses: Common defenses to eviction include proof of rent payment, improper notice, retaliatory eviction (Civil Code § 1942.5), discriminatory eviction, or that the landlord failed to maintain the unit in a habitable condition.
This article is provided for general informational purposes only and does not constitute legal advice. The information presented here reflects laws and regulations as understood in April 2026, but landlord-tenant law can change — local ordinances may be amended, new state legislation may take effect, and court interpretations may shift. Renters with specific legal questions or disputes should consult a licensed California attorney or contact a qualified legal aid organization in Marin County. RentCheckMe does not create an attorney-client relationship by providing this content.
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