Larkspur Rent Stabilization and Eviction Protection

The City of Larkspur enforces two important laws: the Rent Stabilization Ordinance and the Just Cause and Tenant Protection Ordinance. These laws work together to limit rent hikes and ensure you cannot be evicted without a legal reason.

RENT STABILIZATION (LIMITS ON RENT INCREASES)

Larkspur's Rent Stabilization Ordinance limits how much your landlord can raise your rent each year.

Maximum Allowable Rent Increase

For all covered units, a landlord can only issue one rent increase in any twelve months. That increase is capped at the lower of two calculations: 5% plus the Consumer Price Index (CPI) for the San Francisco-Oakland-Hayward area. OR 7% (The absolute maximum cap). To Calculate the Limit: Find the latest 12-month CPI, add 5%, and compare the sum to 7%. The lower number is the maximum increase allowed without the landlord having to file an application.

Units Covered by Rent Stabilization

The Larkspur Rent Stabilization Ordinance is broad but has several key exemptions, largely defined by state law (Costa-Hawkins). All Multi-Unit Buildings, are generally covered. 

Exempt: 

  • All units built after February 1, 1995.

  • Single-Family Homes & Condos. Exempt unless owned by a corporation, Real Estate Investment Trust (REIT), or an LLC with a corporate member.

  • Owner-Occupied Duplex. Exempt if the owner has continuously occupied one unit as their principal residence since the start of the tenancy.

  • Dormitories, institutional facilities (hospitals, licensed care facilities), BMR/affordable housing units.

A landlord can apply to the Rent Board for an increase that is higher than the maximum allowed, but they must show the property is not generating a fair rate of return on their investment.

A landlord cannot impose a rent increase if they fail to provide you with required notices (that the unit is covered by rent control) or if they are failing to maintain the property (e.g., open violation notices for habitability issues).

JUST CAUSE EVICTION PROTECTIONS. 

Larkspur's Just Cause and Tenant Protection Ordinance requires a landlord to have a legal reason to evict you.

Who is Protected?

All tenants who have been in occupancy for at least 30 days are covered, with very few exceptions. Key Exemption: An eviction can proceed without Just Cause if you share a kitchen or bathroom with the owner, or if you live in a licensed residential care facility or dormitory.

The Two Types of Just Cause

Eviction reasons fall into two categories: 

"At-Fault" Reasons (Tenant's Actions)

These require the landlord to give you a chance to "cure" or correct the violation before serving a formal eviction notice.

  • Breach of Lease: Breaking a material term of the lease.

  • Nuisance or Waste: Creating a nuisance or causing damage to the property.

  • Refusal to Sign a New Lease: Refusing to sign a new lease that is substantially similar to your current one.

  • Criminal Activity: Committing a crime directed at a tenant, owner, or agent (and the crime is reported to the police).

  • Refusal to Allow Entry: Unreasonably preventing the landlord from entering the unit after proper written notice.

  • Notice to Cure: For most curable lease violations, the landlord must first give you a Notice to Cease or Correct before issuing a formal eviction notice. This notice must specify the facts of the violation and inform you of your right to request a reasonable accommodation.

"No-Fault" Reasons (Landlord's Actions)

These are reasons where the tenancy ends through no fault of the tenant, and they always trigger mandatory Relocation Payments.

  • Owner or Relative Move-In (OMI): The owner or their spouse, child, grandchild, parent, or grandparent intends to move in. The owner/relative must reside in the unit for at least twelve months. If the landlord re-rents the unit within 12 months, the displaced tenant has the right to return at the same rent they were paying.

  • Ellis Act Withdrawal: The landlord is permanently withdrawing the entire building from the rental market.

  • Substantial Remodel or Demolition: The renovation requires a permit, cannot be done safely with the tenant in place, and requires the tenant to vacate for at least 30 days.

  • Government or Court Order: An order requires the tenant to vacate due to the property's condition.

Mandatory Relocation Payments for No-Fault Evictions: For all No-Fault evictions, the landlord must pay the tenant household a substantial relocation payment.

Right to Return for Remodels: If you are evicted for a Substantial Remodel or Demolition, the landlord has two main obligations: (1) Offer a Vacant Unit: At the time of the eviction notice, the landlord must offer you a vacant comparable unit at a comparable rent and give you 60 days to accept the offer. (2) Right to Reoccupy: If the unit is re-let within 12 months after the remodel, you have the right to return at the same rent you were paying when you moved out.

Peregrine Legal Group, PC represents tenants across Larkspur. Contact us to schedule a consultation.

Larkspur website: https://www.ci.larkspur.ca.us/878/Eviction-Protections-and-Rent-Regulation

Disclaimer: This information is for general knowledge only and is not legal advice. For specific legal issues, you should consult with a qualified attorney or contact the Pasadena Rent Stabilization Department.