San Rafael Rent Ordinances

The City of San Rafael's ordinances focus on two main areas: preventing unfair evictions through Just Cause requirements and providing Mandatory Mediation for significant rent increases.

RENT STABILIZATION 

San Rafael has explicitly not implemented a rent ceiling that limits increases to an annual percentage (like the AGA in other cities). Instead, it uses a unique Mandatory Mediation Program for certain increases.

Mandatory Mediation Program

  • Who is Covered? The Rental Housing Dispute Resolution Ordinance applies to all rental units in San Rafael, including single-family homes, duplexes, and multi-family buildings.

  • Trigger: Either a tenant or a landlord can request mediation for a rent increase that is greater than 5% during any 12-month period.

  • Action Required: If mediation is requested by either party, both the landlord and tenant are required to participate in good faith.

  • Timing: Tenants must submit their request for mediation within 10 calendar days of receiving notice of the rent increase.

  • Outcome: Mediation is a neutral process aimed at helping both parties negotiate a mutually acceptable agreement. It does not guarantee a reduction in the rent increase, and tenants must continue to pay all rent legally due during the process.

  • Penalty for Non-Compliance: If a landlord does not participate in the mandatory mediation in good faith, the rent increase in question may be deemed invalid.

Notice of Rent Increase

  • A rent increase notice must be accompanied by a Notice of Tenant Rights to be considered valid.

  • The notice must follow State Law: 30 days' written notice for increases of 10% or less, and 90 days' written notice for increases greater than 10%.

JUST CAUSE FOR EVICTION ORDINANCE

The Cause for Eviction Ordinance prevents landlords from ending a tenancy without one of the legal reasons listed below.

Who is Covered?

  • The Just Cause Ordinance applies to all properties that contain at least three separate Dwelling Units (including multi-purpose properties).

  • Key Exemptions: Units owned or operated by the government, units with direct government subsidies (e.g., Section 8), units in affordable housing developments, and units occupied in whole or in part by the property owner or the property owner's family members (including parents, children, siblings, aunts, uncles, nieces, and/or nephews).

Landlord Requirements Before Evicting

Before a landlord can legally terminate a tenancy for any reason, they must demonstrate:

  1. They possess a valid business license.

  2. They have previously provided the tenant with a Notice of Tenant Rights.

  3. They have served the Notice of Termination in compliance with all legal requirements.

  4. They have not accepted and will not accept rent for continued use of the unit after the termination date.

The Just Cause Reasons for Eviction

Eviction reasons are divided into "For Cause" (tenant's fault) and "No Fault" (landlord's choice, requiring relocation).

  • For Cause (Tenant Fault): Failure to pay rent, breach of a material term of the rental contract (after notice to cure), illegal activities, threat of violent crime, or nuisance behavior.

  • No Fault (Landlord Intent): Owner Move-In, Permanent Removal from the rental market (Ellis Act), Substantial Rehabilitation for health and safety, or Refusal to Execute Lease on similar terms.

Requirements for Owner Move-In (OMI)

  • The landlord or their immediate family member must intend to occupy the unit as their primary residence.

  • The owner/family member must move into the unit within three months of the tenant vacating and continuously reside there for at least one year.

Eviction Notice Periods

  • Standard No-Fault: 60 days' notice if you have lived there for one year or more; 30 days' notice if you have lived there for less than one year.

  • For-Cause: Typically a 3-day notice (to pay rent or cure a breach).

Relocation Assistance

  • San Rafael does not require landlords to provide financial relocation or moving expense payments to tenants evicted through No-Fault reasons. This is a critical difference from many other cities.

  • State Law Reminder: Even in San Rafael, many tenants are covered by California's Tenant Protection Act (AB 1482), which provides one month's rent in relocation assistance for No-Fault evictions in covered units.


Peregrine Legal Group, PC, represents tenants throughout San Rafael. Contact us to schedule a consultation.

San Rafael Renters and Landlords website: https://www.cityofsanrafael.org/departments/renters-landlords/

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.