If you rent in Marin County, your tenants’ rights come from two layers: California’s Tenant Protection Act (AB 1482), which caps rent increases and requires a legal reason to evict, and local Marin County ordinances that add a mediation process for larger rent hikes and a separate just cause rule for certain multi-unit properties. State law also governs security deposits, habitability, landlord entry, retaliation, and discrimination. Which rules apply depends on your unit’s age, ownership, location, and how long you’ve lived there.
How Much Your Rent Can Go Up
AB 1482 caps annual rent increases at 5% plus the local change in the Consumer Price Index, or 10% total, whichever is lower.1California Legislative Information. AB-1482 Tenant Protection Act of 2019 – Tenancy: Rent Caps For Marin, the April 2025 CPI came in at 1.3%, so the maximum allowable increase beginning August 1, 2025, is 6.3%.2County of Marin. AB 1482 Rent Increase Limitations The cap applies to most rental housing where the certificate of occupancy was issued more than 15 years ago.3City of El Cerrito. Tenant Protection Act of 2019 AB 1482 Frequently Asked Questions
Your landlord must give at least 30 days’ written notice for any increase of 10% or less, and 90 days for anything higher.4California Legislative Information. California Code CIV 827 A text, call, or email doesn’t count.5California Department of Justice Office of the Attorney General. Know Your Rights as a California Tenant An increase served without proper written notice is void.
Some units fall outside the cap. AB 1482 exempts housing where the certificate of occupancy was issued within the last 15 years, and single-family homes or condominiums owned by a natural person (not a corporation, REIT, or LLC with a corporate member) if the landlord gave the tenant a written notice of exemption.3City of El Cerrito. Tenant Protection Act of 2019 AB 1482 Frequently Asked Questions If your landlord never gave you that written exemption notice, the cap still applies.
Mediation for Larger Increases in Unincorporated Marin
In unincorporated Marin County, the Rental Housing Dispute Resolution Ordinance (Ordinance 3697, Chapter 5.95) adds a second layer. If your landlord proposes an increase greater than 5% in any 12-month period, either side can request mediation. The request must be submitted within 10 calendar days of the qualifying event.6County of Marin. Rental Housing Dispute Resolution Ordinance No. 3697 Guidelines
Mediation lasts up to 30 calendar days unless both parties agree to extend it. During that time you can withhold the proposed increase while continuing to pay your current base rent on time. If mediation ends without an agreement, you owe the difference between what you paid during mediation and the full noticed rent within five business days.6County of Marin. Rental Housing Dispute Resolution Ordinance No. 3697 Guidelines Both parties must participate in good faith, and anyone representing a party needs authority to make decisions.
When a Landlord Can End Your Tenancy
Once you’ve lived in your unit continuously for 12 months, AB 1482 requires your landlord to have a legally recognized reason to end the tenancy.1California Legislative Information. AB-1482 Tenant Protection Act of 2019 – Tenancy: Rent Caps In households where no single tenant has been there 12 months but at least one has been there 24, just cause protections still apply.3City of El Cerrito. Tenant Protection Act of 2019 AB 1482 Frequently Asked Questions The eviction notice must state the specific reason in writing.
At-fault grounds include nonpayment of rent, a substantial lease violation, criminal activity on the premises, or refusing lawful access. For most at-fault grounds, the landlord must first serve a notice giving you a chance to fix the problem before filing an eviction case.7County of Marin. Just Cause for Eviction in Unincorporated Marin
No-fault grounds cover situations where you haven’t done anything wrong but the landlord has a qualifying reason to reclaim the unit: the owner moving in, withdrawing the unit from the rental market, or complying with a government order requiring you to vacate.7County of Marin. Just Cause for Eviction in Unincorporated Marin For any no-fault eviction, the landlord must provide relocation assistance equal to one month’s rent, paid within 15 calendar days of serving the notice. If the landlord doesn’t pay, the termination notice is invalid.8County of Marin. AB1482 Just Cause for Eviction
Unincorporated Marin has its own just cause ordinance (Ordinance 3705, Chapter 5.100) that applies to properties with at least three dwelling units on a single parcel. A dwelling unit is broadly defined and includes rooms within a house used as a home, even if unpermitted. The at-fault and no-fault grounds mirror state law but apply to a narrower set of properties.7County of Marin. Just Cause for Eviction in Unincorporated Marin If you rent inside an incorporated city like San Rafael, check whether that city has adopted additional local protections beyond AB 1482.
Security Deposits
Since July 1, 2024, California limits security deposits to one month’s rent for most landlords, furnished or unfurnished. A narrow exception lets individual landlords (not corporations or most LLCs) who own no more than two rental properties totaling four or fewer units collect up to two months’ rent. That exception doesn’t apply if the prospective tenant is a service member.9California Legislative Information. Assembly Bill 12
After you move out, the landlord has 21 calendar days to return the deposit with an itemized statement of any deductions.10California Legislative Information. California Code CIV 1950-5 Legitimate deductions are limited to unpaid rent, damage beyond normal wear and tear, and cleaning to return the unit to its condition at the start of the tenancy. Landlords who miss the 21-day deadline or skip the itemization lose the right to claim deductions.
Habitability Standards
Under Civil Code § 1941.1, a rental unit is unfit if it substantially lacks weatherproofing, hot and cold running water through properly connected fixtures, working sewage disposal, a functioning heating system, safe electrical wiring and fixtures, clean common areas free of rodents and vermin at move-in, or floors, stairs, and railings kept in good repair. For leases entered into, amended, or extended on or after January 1, 2026, the unit must also include a working stove and refrigerator.11California Legislative Information. California Code CIV 1941-1
Put repair requests in writing. A paper trail is what makes a habitability complaint enforceable through a local code enforcement agency or in court.
Landlord Entry and Privacy
Civil Code § 1954 limits landlord entry to specific situations: making necessary repairs or improvements, showing the unit to prospective buyers or tenants, responding to an emergency, or carrying out a court order.12California Legislative Information. California Code CIV 1954
Outside of emergencies, the landlord must give reasonable written notice. Twenty-four hours is presumed reasonable. The notice must state the date, approximate time, and purpose, and entry is limited to normal business hours unless you consent to a different time. If the notice is mailed rather than delivered in person, it must go out at least six days ahead.12California Legislative Information. California Code CIV 1954 The statute explicitly prohibits using the right of access to harass a tenant.
Protection Against Retaliation
If you report habitability problems to your landlord, complain to a government agency, or participate in a tenants’ organization, your landlord cannot raise the rent, cut services, or try to evict you in retaliation. Any adverse action within 180 days of your complaint is presumed retaliatory, which shifts the burden to the landlord to prove a legitimate reason. The protection covers bed bug complaints, oral livability complaints, written complaints to enforcement agencies, and participation in habitability proceedings.13California Legislative Information. California Code CIV 1942-5
Threatening to report a tenant or anyone associated with them to immigration authorities counts as retaliation, regardless of the tenant’s actual status.13California Legislative Information. California Code CIV 1942-5 The retaliation defense can be invoked once per 12-month period, and you must be current on rent.
Fair Housing and Discrimination
Federal law prohibits housing discrimination based on race, color, religion, national origin, sex, familial status, and disability. California’s Fair Employment and Housing Act adds protections for source of income (including Section 8 vouchers), sexual orientation, gender identity and expression, marital status, immigration status, ancestry, age, military or veteran status, and genetic information.14Civil Rights Department. Housing
Source-of-income protection matters in Marin’s expensive market: a landlord cannot refuse to rent to you because your income comes from a Housing Choice Voucher or other government rental assistance. California law also protects people with criminal histories during the housing search and preserves the right to operate a licensed family childcare business in your home.14Civil Rights Department. Housing
If you have a disability, you can request changes to rules, policies, or physical features you need for equal access. Examples include an accessible parking space, a service or emotional support animal in a no-pets building, a transfer to a ground-floor unit, or a rent due date aligned with disability income. Submit accommodation requests in writing. If the disability isn’t obvious, the landlord may ask for documentation from a medical provider confirming the disability and its connection to the accommodation.
Lead Disclosure for Pre-1978 Units
Much of Marin’s housing predates 1978, so federal lead paint disclosure rules often apply. Before you sign a lease on a pre-1978 unit, the landlord must give you a copy of the EPA pamphlet “Protect Your Family From Lead in Your Home,” disclose any known lead paint hazards, provide available records and reports about lead paint in the building including common areas, and include a signed lead warning statement in the lease.15US EPA. Real Estate Disclosures About Potential Lead Hazards
The landlord must keep signed disclosures for at least three years after the lease begins. Exemptions apply to short-term leases of 100 days or less, housing built after 1977, and senior or disability housing where no child under six lives or is expected to live.15US EPA. Real Estate Disclosures About Potential Lead Hazards
Documenting Your Tenancy
Rights on paper mean little without evidence. Keep your original signed lease and every amendment. Save all written communications with your landlord. When you spot a maintenance problem, photograph it with timestamps before reporting it in writing, and save both the complaint and any response. Rent payment receipts, cleared checks, and electronic payment confirmations prove you’ve held up your end if a landlord ever claims otherwise.
At move-in and move-out, photograph every room in detail. If your landlord provides a move-in checklist, fill it out thoroughly and keep your copy. At move-out, do the same walkthrough and try to get the landlord to acknowledge the unit’s condition in writing. This step alone can decide a deposit dispute.
Where to Get Help
Fair Housing Advocates of Northern California (FHANC) offers free fair housing counseling and can investigate discrimination complaints; you can start with their online intake form.16Fair Housing Advocates of Northern California. FHANC Home For non-discrimination tenant complaints, the Marin County District Attorney’s Consumer Protection Unit accepts complaints online.17Marin County District Attorney. Consumer Protection Unit For rent disputes in unincorporated areas, the Ordinance 3697 mediation process gives you a structured path with firm timelines.6County of Marin. Rental Housing Dispute Resolution Ordinance No. 3697 Guidelines
When informal resolution fails, small claims court handles many tenant disputes, especially deposit cases. In California, individuals can sue for up to $12,500 in small claims.18California Courts. Small Claims in California You don’t need a lawyer. Bring your lease, move-in and move-out photos, written repair requests, the landlord’s itemized statement or proof you never received one, and receipts for any cleaning or repairs you paid for.
Active-duty service members with deployment orders, a permanent change of station, or a call to active duty from the reserves can terminate a residential lease early under the federal Servicemembers Civil Relief Act. Give the landlord written notice with a copy of your military orders. The landlord cannot charge an early termination penalty and must refund your security deposit, minus legitimate damage deductions, within 30 days, along with any prepaid rent for the period after termination.