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San Rafael is the county seat of Marin County and one of the few cities in Marin County with its own local tenant-protection ordinances. Since July 17, 2019, the city has operated a Mandatory Mediation (Rental Housing Dispute Resolution) program and a Cause for Eviction ordinance that apply broadly to rental units — including single-family homes and duplexes — within city limits.
These local rules layer on top of California's statewide protections: AB 1482 rent-increase caps and just-cause eviction rules (Civ. Code §§1946.2, 1947.12), the one-month security deposit cap (AB 12), and robust habitability and anti-retaliation statutes. Tenants in San Rafael should evaluate both layers to understand their full rights.
This guide explains both the local San Rafael ordinances and the applicable state law. For advice specific to your situation, contact Legal Aid of Marin or Fair Housing Advocates of Northern California, both located in San Rafael.
San Rafael does not have a traditional rent-control ordinance that sets a hard cap on annual rent increases. Landlords may raise rents, but the city's Mandatory Mediation ordinance (San Rafael Municipal Code Ch. 10.100, effective July 17, 2019) gives tenants a meaningful check: if a landlord proposes a rent increase greater than 5% in any 12-month period, either the landlord or the tenant may request mediation, and both parties are required to participate. Mediation does not automatically limit the increase, but it creates a formal negotiation process before the increase can take effect.
Landlords are required to provide every tenant with a Notice of Tenant Rights at lease signing, lease renewal, or when issuing a rent increase notice. Failure to provide this notice renders any rent increase notice invalid and unenforceable and constitutes a separate violation of the ordinance. The mediation program covers virtually all rental units in San Rafael — single-family homes, duplexes, and multi-family buildings — subject to limited exemptions for government-owned units, government-subsidized units, deed-restricted affordable housing, owner-occupied units, and units managed by an on-site tenant-employee.
AB 1482 Rent Cap (Civ. Code §1947.12): For rental units not exempt under AB 1482 (generally multi-family buildings built before February 1, 2005 and not single-family homes or condos with proper notice), annual rent increases are capped at 5% + local CPI, with a maximum of 10%. This statewide cap applies to many San Rafael apartments even if the landlord does not trigger the city's mediation threshold.
AB 1482 Just Cause (Civ. Code §1946.2): After 12 months of tenancy in a covered unit, landlords need a qualifying just-cause reason to terminate. At-fault causes include nonpayment of rent, lease violations, criminal activity, and subletting without permission. No-fault causes — such as owner move-in, substantial remodel, or withdrawal from the rental market — generally require relocation assistance equal to one month's rent.
Security Deposits (AB 12; Civ. Code §1950.5): As of July 1, 2024, most landlords may collect no more than one month's rent as a security deposit (certain small-landlord exceptions apply). Landlords must return the deposit with an itemized statement of deductions within 21 days of move-out. Wrongful withholding may result in up to twice the deposit amount in statutory damages.
Notice Requirements (Civ. Code §1946.1): Landlords must give 30 days' written notice for tenancies under one year, or 60 days' written notice for tenancies of one year or more, before terminating a month-to-month tenancy.
Habitability (Civ. Code §§1941.1, 1942): Landlords must maintain rental units in a habitable condition, including weatherproofing, working plumbing, heating, and freedom from vermin. If a landlord fails to repair after reasonable notice, tenants may pursue repair-and-deduct (up to one month's rent, twice per year) or rent withholding remedies.
Anti-Retaliation (Civ. Code §1942.5): Landlords may not raise rent, reduce services, or threaten eviction in retaliation for a tenant exercising legal rights, such as requesting repairs or contacting a housing agency.
No Self-Help Evictions (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 entitle the tenant to actual damages plus $100 per day in statutory penalties.
Mandatory Mediation — Rental Housing Dispute Resolution (SRMC Ch. 10.100): Effective July 17, 2019, this ordinance covers virtually all San Rafael rental units. When a landlord proposes a rent increase exceeding 5% in a 12-month period, either party may demand mediation. Both the landlord and tenant must participate. A landlord who has not provided the required Notice of Tenant Rights cannot enforce the rent increase. The program is administered by the City of San Rafael; information is available at cityofsanrafael.org/mandatory-mediation.
Cause for Eviction Ordinance (SRMC Ch. 10.105): Also effective July 17, 2019, this ordinance applies to all rental properties with three or more dwelling units. Landlords must have a recognized for-cause or no-fault reason to terminate a tenancy. For-cause grounds include nonpayment of rent, lease violations, nuisance, and criminal activity. No-fault grounds include owner or family member move-in, substantial rehabilitation required for health and safety, and permanent withdrawal of the unit from the rental market (Ellis Act). Notice requirements under the local ordinance mirror state law — 30 days for tenancies under one year, 60 days for tenancies of one year or more — but permanent removal from the rental market requires 120 days' advance notice. The local ordinance does not independently require relocation assistance for most no-fault evictions (except in designated opportunity zones such as the Canal area), but statewide AB 1482 relocation-assistance rules may apply to covered units. The full ordinance text is available at Municode — SRMC Ch. 10.105.
Notice of Tenant Rights: Landlords covered by the local ordinances must give every tenant a Notice of Tenant Rights at lease signing, renewal, or when serving a rent-increase notice. Failure to do so invalidates the rent increase notice and may prevent the landlord from pursuing an eviction under the local ordinance.
Under AB 12 (effective July 1, 2024), landlords in San Rafael — like landlords statewide — may generally collect no more than one month's rent as a security deposit, regardless of whether the unit is furnished or unfurnished. A narrow exception allows small landlords (individual owners of no more than two residential rental properties totaling no more than four units) to collect up to two months' rent, provided the tenant is not a service member.
At move-out, the landlord must return the deposit — along with an itemized written statement of any deductions — within 21 calendar days (Civ. Code §1950.5). Permissible deductions are limited to unpaid rent, cleaning to restore the unit to its move-in condition, and repairing damage beyond normal wear and tear. A landlord who wrongfully withholds a deposit may owe the tenant the amount wrongfully withheld plus up to twice that amount in statutory damages if withholding was in bad faith.
To evict a tenant in San Rafael, a landlord must follow both state and local procedures. For buildings with three or more units, the city's Cause for Eviction ordinance (SRMC Ch. 10.105) requires a recognized just-cause ground. For units also covered by statewide AB 1482 (Civ. Code §1946.2), just-cause requirements apply after 12 months of continuous occupancy.
For-cause grounds include: failure to pay rent; material breach of the lease; maintaining a nuisance; using the unit for unlawful purposes; subletting without the landlord's consent; and refusing the landlord reasonable access after proper notice.
No-fault grounds include: owner or qualifying family member move-in; substantial rehabilitation required for health and safety that cannot be done with the tenant in place; and permanent withdrawal of the unit from the rental market (Ellis Act). Permanent removal requires 120 days' advance notice under the local ordinance; AB 1482-covered no-fault evictions require the landlord to pay one month's rent in relocation assistance.
Before filing an unlawful detainer (eviction) lawsuit in court, the landlord must serve a proper written notice (3-day, 30-day, or 60-day depending on the cause), wait for the notice period to expire, and — if the tenant was not provided a Notice of Tenant Rights — cure that defect or risk the eviction being invalid. Self-help evictions (lockouts, utility shutoffs) are prohibited under Civ. Code §789.3.
This article is for general informational purposes only and does not constitute legal advice. Tenant-protection laws change frequently; always verify current ordinances with the City of San Rafael or a licensed California attorney. For advice specific to your situation, contact Legal Aid of Marin or Fair Housing Advocates of Northern California.
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