Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Millbrae is a small city of approximately 24,000 residents in San Mateo County, situated along the Peninsula between San Francisco and San Jose. With proximity to SFO, Caltrain, and BART, Millbrae is a desirable rental market, and renters here face some of the highest housing costs in the state. Understanding your tenant rights is especially important in this competitive environment.
Millbrae has not enacted any local rent control or tenant protection ordinances beyond what California state law provides. However, state law offers meaningful protections for renters, including the Tenant Protection Act of 2019 (AB 1482), which limits rent increases and requires just cause for eviction in many units. California's security deposit statutes, habitability requirements, and anti-retaliation rules also apply fully to Millbrae tenants.
This page provides an informational overview of the laws that apply to Millbrae renters as of April 2026. It is not legal advice. Laws can change, and individual circumstances vary — if you have a specific legal question, consult a licensed California attorney or a local legal aid organization.
Millbrae has no local rent control ordinance. The city has not passed any municipal law restricting how much landlords may raise rents. However, California's statewide Tenant Protection Act of 2019 (AB 1482), codified at Cal. Civ. Code § 1947.12, does impose rent increase limits on many residential rental units across the state, including in Millbrae.
Under AB 1482, covered landlords may not raise rent by more than 5% plus the local Consumer Price Index (CPI), with a maximum cap of 10%, in any 12-month period. This limit applies to most multi-family buildings that are at least 15 years old and are not otherwise exempt. Key exemptions include single-family homes and condominiums (when the owner provides the required AB 1482 exemption notice), duplexes where the owner occupies one unit, and housing already subject to a stricter local rent ordinance.
In practice, this means a landlord renting a qualifying apartment in Millbrae cannot raise rent by 15% or 20% in a single year without violating state law. If your unit is exempt, there is currently no cap on rent increases in Millbrae beyond market forces and the terms of your lease. Always review your lease and, if in doubt, seek legal advice to determine whether AB 1482 applies to your unit.
California state law provides Millbrae renters with a comprehensive set of protections. Below are the most important.
Implied Warranty of Habitability (Cal. Civ. Code § 1941 & § 1941.1): Landlords must maintain rental units in a habitable condition at all times. This includes functioning plumbing, heating, weatherproofing, electrical systems, and freedom from rodent or insect infestations. If a landlord fails to make necessary repairs after proper notice, tenants may have the right to repair-and-deduct (up to one month's rent, Cal. Civ. Code § 1942), withhold rent under certain conditions, or sue for damages.
Security Deposit Rules (Cal. Civ. Code § 1950.5): Landlords may collect a maximum security deposit of one month's rent for unfurnished units and two months' rent for furnished units (as amended by AB 12, effective July 1, 2024). The deposit must be returned — with an itemized statement of deductions — within 21 calendar days of the tenant vacating. Wrongful withholding can result in a penalty of up to twice the deposit amount.
Notice Requirements (Cal. Civ. Code § 1946.1): For month-to-month tenancies, landlords must provide 30 days' written notice to terminate if the tenant has lived in the unit for less than one year, and 60 days' written notice if the tenant has lived there for one year or more. Tenants must give 30 days' written notice to terminate regardless of tenancy length.
Just Cause Eviction (Cal. Civ. Code § 1946.2): Under AB 1482, landlords of qualifying units must have a legally recognized just cause to terminate a tenancy after the tenant has continuously and lawfully occupied the unit for 12 months. Just causes include nonpayment of rent, lease violations, and owner move-in (a "no-fault" just cause requiring relocation assistance equal to one month's rent).
Anti-Retaliation Protections (Cal. Civ. Code § 1942.5): Landlords may not retaliate against tenants for exercising their legal rights — such as complaining to a government agency, requesting repairs, or organizing with other tenants. Retaliation can include raising rent, reducing services, or attempting eviction within 180 days of the protected activity. Tenants who prove retaliation may recover actual damages, punitive damages, and attorney's fees.
Prohibition on Lockouts and Utility Shutoffs (Cal. Civ. Code § 789.3): A landlord may not remove doors or windows, cut off utilities (gas, electric, water), remove a tenant's belongings, or otherwise attempt to force a tenant out without going through the formal eviction process. Violations can result in actual damages plus a penalty of up to $100 per day for each day the violation continues.
California's security deposit law (Cal. Civ. Code § 1950.5) applies fully to Millbrae rentals and was updated significantly by AB 12 (effective July 1, 2024).
Maximum Deposit Amounts: For leases signed on or after July 1, 2024, landlords may collect no more than one month's rent as a security deposit for unfurnished units, and two months' rent for furnished units. (A small-landlord exception may apply for individual owners who own no more than two residential rental properties totaling no more than four units.) For leases signed before July 1, 2024, the prior caps of two months (unfurnished) and three months (furnished) may still govern.
Return Deadline: After a tenant moves out, the landlord has 21 calendar days to either return the full deposit or mail/deliver an itemized written statement of deductions along with any remaining balance and supporting documentation (receipts for repairs, etc.).
Permissible Deductions: Landlords may deduct only for unpaid rent, cleaning costs to restore the unit to its move-in condition (ordinary wear and tear cannot be deducted), and the cost of repairing damage beyond normal wear and tear.
Penalty for Wrongful Withholding: If a landlord in bad faith withholds all or part of the security deposit without proper justification, a court may award the tenant twice the amount wrongfully withheld, in addition to returning the actual deposit amount (Cal. Civ. Code § 1950.5(l)). Tenants can sue in Small Claims Court for amounts up to $12,500 without an attorney.
Evictions in Millbrae follow California state law and require landlords to go through a formal legal process. Self-help eviction — such as changing locks, removing belongings, or shutting off utilities — is illegal under Cal. Civ. Code § 789.3 and can expose a landlord to significant monetary penalties.
Step 1 — Written Notice: The landlord must first serve the tenant with a written notice. The most common types are:
Just Cause Requirement: For tenants in AB 1482-covered units who have lived in the unit for at least 12 months, the landlord must state a legally valid just cause for termination (Cal. Civ. Code § 1946.2). No-fault just causes (such as owner move-in) require the landlord to pay one month's rent as relocation assistance.
Step 2 — Unlawful Detainer Lawsuit: If the tenant does not comply with the notice, the landlord may file an Unlawful Detainer (UD) lawsuit in San Mateo County Superior Court. The tenant must be formally served with the summons and complaint. The tenant then has 5 business days to file a written response.
Step 3 — Court Hearing: If the tenant contests the eviction, a hearing is scheduled, typically within 20 days of the request. Both parties may present evidence. If the landlord prevails, the court issues a judgment for possession.
Step 4 — Writ of Possession: With a court judgment, the landlord can obtain a Writ of Possession. The San Mateo County Sheriff's Office enforces the writ, and the tenant typically has 5 days after the writ is posted to vacate before the Sheriff returns to physically remove them.
Tenants facing eviction should seek legal help immediately. Free or low-cost legal aid is available (see Resources section below).
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex and subject to change; the content here reflects the authors' understanding of applicable law as of April 2026 but may not reflect the most current legal developments. Millbrae renters with specific questions about their situation should consult a licensed California attorney or contact a local legal aid organization. RentCheckMe is not a law firm and does not create an attorney-client relationship by providing this information.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.