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Rent Cap Questions

• What is the maximum rent increase I can be charged in a year?

  In a 12-month period, rent increases in Marin for applicable units are limited to 5% plus the San Francisco Bay Consumer Price Index (CPI) or 10%, whichever is lower. Marin’s CPI is currently 4.2%, which sets the current rent cap at 9.2%.

• Where can I find information about the Consumer Price Index (CPI) for Marin?

  The applicable Consumer Price Index is the regional CPI as published by the U.S. Bureau of Labor Statistics. For Marin, this region encompasses Alameda, Contra Costa, San Francisco and San Mateo counties. The currently applicable CPI is 4.2% for Marin County.

• Does the Tenants Protection Act of 2019 limit the number of times I can receive a rent increase in a year?

  Yes. In addition to imposing a maximum rent cap of 5% plus CPI or 10%, whichever is less, over a 12-month period, this bill also sets a limit of two (2) rent increases over this same timeframe.

• Does the rent cap apply to all rentals?

  The rent cap applies to all rentals in Marin, except for the following:

  • Condos or single-family homes, unless owned by a real estate investment trust (REIT), a corporation, or a limited liability company where at least one member is a corporation, and so long as the tenants have been given proper notice of the exemption (see the response to the following question for more details);
  • Duplexes where the owner’s principal residence is one of the units;
  • Buildings constructed in the last 15 years, which is a rolling date. This signifies that units built in 2006 will be covered in 2021, and units built in 2007 will be covered in 2022, and etc., and also include second units or cottages (also known as Accessory Dwelling Units (ADUs));
  • Dormitories owned by an educational institution;
  • Affordable housing restricted by a deed covenant, regulatory agreement or other recorded document;
  • And mobile homes.
• What notices am I supposed to receive about the rent cap?   

  All tenants in units covered by the bill must receive a notice explaining the just cause and rent cap protections that apply to their unit. For a tenancy existing before July 1, 2020, this notice must be provided in writing to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement. For any tenancy beginning or renewed after July 1, 2020, this notice must be provided as an addendum to the lease or rental agreement, or as a written notice signed by the tenant with a copy provided to the tenant. The notice language must read:

  “California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information”.

  For units that are exempt from the rent cap, landlords must still provide a written notice to the tenant explaining that they are exempt from the notice. The notice language must read:

  “This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Section 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation”.

  If the owner does not provide the required notice and/or does not follow the proper timeline for noticing, then the unit is no longer exempt from the just cause or rent cap provisions of the bill.

• I live in a single-family home, does the rent cap apply to me?

  Single-family homes are exempt unless the property is owned by a real estate investment trust (REIT), a corporation, or a limited liability company, where one of the members is a corporation. A single-family home that is owned by an individual is exempt from the rent cap. A landlord is also required to notify the renter if the single-family home is exempt. If the owner does not properly notify the renter that the home is exempt as required by the bill, then the home is not exempt.

• How do I know who owns the home I live in?

  Some general ownership information is available on the Assessor’s website and by contacting the Assessor staff directly by phone at (415) 473-7215. Otherwise, to determine whether your unit is covered by the rent cap provisions of AB 1482, you should have been given a notice by your landlord that explicitly states if your unit is covered or exempt. See answers to the question “What notices am I supposed to receive about the rent cap?” for more details.

• I live in a second unit or cottage (known as an ADU/JADU), does the rent cap apply to me?

  Only second units built within the last 15 years are not subject to the rent cap. Therefore, any second units built before 15 years ago would be protected by the rent cap provisions of 1482.

• Does the new law's enforceability require that a new lease be signed if the tenancy is currently month to month?

  No. The rent cap and just cause provisions of the bill apply to the unit, unless exempt. However, in order for the just cause provisions of the bill to take effect, the tenant must have occupied the unit for at least 12 months.

• Can the landlord force me to sign a new lease in order for the new law's protections to be enforceable?

  No. The rent cap and just cause provisions of the bill apply to the unit, unless exempt. However, in order for the just cause provisions of the bill to take effect, the tenant must have occupied the unit for at least 12 months.

• If my landlord raised by rent more than the allowable cap before January 1, 2020, is that allowed?

  While the law becomes effective January 1, 2020, rent increases that were effectuated after March 15, 2019 will be included in calculating the maximum rent increase allowed for the 12-month period. In the event that an owner has increased the rent by more than the amount permissible under AB 1482 between March 15, 2019 and January 1, 2020, the applicable rent on January 1, 2020 is the rent as of March 15, 2019 plus the maximum permissible increase.

  Landlords are not required to refund the tenant of any rent paid based on a rent increase between March 15, 2019 and January 1, 2020 but will need to re-adjust the rent.

• Is a rent increase of over 5% still eligible for mandatory mediation services through the County's Consumer Protection Unit?

  Yes, a tenant that receives a rent increase greater than 5% within a 12-month period is eligible for mandatory dispute resolution, even if it is within the rent cap imposed by AB 1482. Visit the County’s Rental Housing Dispute Resolution webpage for more information.

• How do I request mandatory dispute resolution services?

  A tenant or landlord seeking to utilize dispute resolution services should complete the Mandatory Service Request form, available on the Rental Housing Dispute Resolution webpage, under the Forms and Documents tab.

• What is a notice of Tenants Rights? When should I have received one? 

  Under the Marin County Rental Housing Dispute Resolution (“Mandatory Mediation”) ordinance, landlords are required to have provided tenants with a Notice of Tenant Rights by February 10, 2018. Other situations that call for a tenant to receive a Notice of Tenant Rights include:

  • When entering into a new rental agreement;
  • When renewing a rental agreement;
  • When providing notice of a rent increase;
  • And whenever mandated by another ordinance for unincorporated Marin (such as the Marin County Just Cause for Eviction ordinance, which passed January 17, 2019).

  The Notice of Tenant Rights is required to describe the dispute resolution service and how to request service. For detail, see Marin County Code § 5.095.080 and Guidelines § 3(c).

• How is this law enforced?

  Just cause and the rent cap must be enforced through the courts.

• Where can I get more information about my rights as a tenant?

  For more information about tenant rights, contact the Marin County District Attorney's Office or (415) 473-6495. Additionally, the state of California has set up a hotline to assist tenants: (888) 428-7615.

Just Cause Questions

• For what reasons can I be evicted under the Tenants Protection Act of 2019? What about the County’s ordinance?

  Both the Tenants Protection Act of 2019 and the County’s Just Cause ordinance prohibit residential rental property owners of covered units from terminating a tenancy unless the property owner has a “just cause”. The law identifies two categories of just causes: at fault causes, where the tenant is at fault for violating lease terms, and no-fault causes, where the property owner wants to recover possession of the property, regardless of the tenant’s actions. The Tenants Protection Act of 2019 identifies the following:

  At-fault causes are:

  • Failure to pay rent;
  • Breach of the lease;
  • Criminal activity at the property or against the owner;
  • Assignment and subletting in violation of the lease;
  • Refusal to allow the owner to enter the property.

  No-fault causes are:

  • Owner move-in;
  • Occupancy of the unit by certain family members of the owner’s family (spouse, domestic partner, children, grandchildren, parents, grandparents);
  • Withdrawal of the unit from the rental market (Ellis Act);
  • Complying with a government order related to habitability of the building;
  • Intent to demolish or substantially remodel the property.

  For more information on the County’s ordinance, review the Frequently Asked Questions from Tenants on the County's Just Cause webpage.

• Which Just Cause ordinance applies to me?

  For rental properties located in unincorporated Marin County, a local Just Cause for eviction ordinance went into effect on January 17, 2019. These properties in unincorporated Marin must continue to reference this ordinance. More information is available on the County’s Just Cause webpage.

  Additionally, other jurisdictions in Marin have adopted local Just Cause for Eviction ordinances, such as the Town of Fairfax (2019) and City of San Rafael (2019). You can use the County's jurisdiction look up tool to determine if your property is located in one of these jurisdictions that has a local ordinance. If not, you should follow the guidelines established by the state bill.

• How do I know if I live in unincorporated Marin County?

  You can use the County's jurisdiction look up tool.

• What units are exempt from the just cause provisions of the state bill? Are they covered by the County’s ordinance?

  The just cause provisions of the state bill only apply after a tenant has occupied the unit for 12 months. After meeting this requirement of the bill, all rental units are covered, which exceptions for the following:

  • Condos or single-family homes, unless owned by a real estate investment trust (REIT), a corporation, or a limited liability company where at least one member is a corporation, and so long as the tenants have been given proper notice of the exemption (see the response to "What noticing does the state bill require I provide to tenants?" above for more details);
  • Duplexes where the owner’s principal residence is one of the units;
  • Buildings constructed in the last 15 years, a rolling date. Which means that units built in 2006 will be covered in 2021, and units built in 2007 will be covered in 2022;
  • Dormitories owned by an educational institution;
  • Affordable housing restricted by a deed covenant, regulatory agreement or other recorded document;
  • Units covered by a local Just Cause ordinance, if the ordinance was adopted before September 1, 2019, or a local ordinance that is more protective was passed after September 1, 2019;
  • Transient and tourist hotel occupancies;
  • And housing in a nonprofit hospital, religious facility, extended care facility, licensed care facility for the elderly or an adult residential facility.

  The Tenants Protection Act of 2019 does not apply in jurisdictions where there is already a local just cause for eviction policy in place that was passed before September 1, 2019, or if a more protective ordinance is passed after September 1, 2019. Rental units in unincorporated Marin must continue to follow the local Just Cause for eviction policy that went into effect January 17, 2019.

• What noticing am I supposed to receive about just cause under the state bill?

  All tenants in units covered by the bill must receive a notice explaining the just cause and rent cap protections that apply to their unit. For a tenancy existing before July 1, 2020, this notice must be provided in writing to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement. For any tenancy beginning or renewed after July 1, 2020, this notice must be provided as an addendum to the lease or rental agreement, or as a written notice signed by the tenant with a copy provided to the tenant. The notice language must read:

  “California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information”.

  For units that are exempt from the just cause provisions of the bill, landlords must still provide a written notice to the tenant explaining that they are exempt from the notice. The notice language must read:

  “This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Section 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation”.

  If the owner does not provide the required notice and/or does not follow the proper timeline for noticing, then the unit is no longer exempt from the just cause or rent cap provisions of the bill.

• I live in a single-family home, do these protections apply to me?

  Single-family homes are exempt unless the property is owned by a real estate investment trust (REIT), a corporation, or a limited liability company, where one of the members is a corporation. A single-family home that is owned by an individual is exempt from the rent cap. A landlord is also required to notify the renter if the single-family home is exempt. If the owner does not properly notify the renter that the home is exempt as required by the bill, then the home is not exempt.

• Does the new law's enforceability require that a new lease be signed if the tenancy is currently month to month?

  No. The rent cap and just cause provisions of the bill apply to the unit, unless exempt. However, in order for the just cause protections to take effect, the tenant must have occupied the unit for at least 12 months.

• Can the landlord force me to sign a new lease in order for the new law's protections to be enforceable?

  No. The rent cap and just cause provisions of the bill apply to the unit, unless exempt. However, in order for the just cause protections to take effect, the tenant must have occupied the unit for at least 12 months.

• Am I entitled to receive relocation assistance?

  Landlords must provide relocation assistance equal to one month’s rent in the event of a no-fault termination under AB 1482. To qualify for relocation assistance, a tenant must have occupied the unit for at least 12 months.

• How is this law enforced?

  Just cause and the rent cap must be enforced through the courts.

• Where can I get more information about my rights as a tenant?

  For more information about tenant rights, contact the Marin County District Attorney's Office or (415) 473-6495. Additionally, the state of California has set up a hotline to assist tenants: (888) 428-7615.

Rent Cap Questions

• What is the maximum rent increase allowable under this bill?

  In a 12-month period, rent increases in Marin for applicable units are limited to 5% plus the San Francisco Bay Consumer Price Index (CPI) or 10%, whichever is lower. Marin’s CPI is currently 4.2%, which sets the current rent cap at 9.2%.

• What is the applicable Consumer Price Index (CPI) for Marin County?

  The applicable Consumer Price Index is the regional CPI as published by the U.S. Bureau of Labor Statistics. For Marin, this region encompasses Alameda, Contra Costa, San Francisco and San Mateo counties. The currently applicable CPI is 4.2% for Marin County.

• Does the Tenants Protection Act of 2019 limit the number of times I can increase rent in a year?

  Yes. In addition to imposing a maximum rent cap of 5% plus CPI or 10%, whichever is less, over a 12-month period, this bill also sets a limit of two (2) rent increases over this same timeframe.

• How does the law’s March 15, 2019 retroactivity provisions affect any rent increase? What happens if I already raised the rent during 2019 and it’s over the rent cap amount?

  While the law becomes effective January 1, 2020, rent increases that were effectuated after March 15, 2019 will be included in calculating the maximum rent increase allowed for the 12-month period. In the event that an owner has increased the rent by more than the amount permissible under the bill between March 15, 2019 and January 1, 2020, the applicable rent on January 1, 2020 is the rent as of March 15, 2019 plus the maximum permissible increase.

  Landlords are not required to refund the tenant of any rent paid based on a rent increase between March 15, 2019 and January 1, 2020 but will need to re-adjust the rent.

• Does the rent cap apply to all rentals?

  The rent cap applies to all rentals in Marin, except for the following:

  • Condos or single-family homes, unless owned by a real estate investment trust (REIT), a corporation, or a limited liability company where at least one member is a corporation, and so long as the tenants have been given proper notice of the exemption (see the response to the following question for more details);
  • Duplexes where the owner’s principal residence is one of the units;
  • Buildings constructed in the last 15 years, which is a rolling date. This signifies that units built in 2006 will be covered in 2021, and units built in 2007 will be covered in 2022, and etc., and also include second units or cottages (also known as Accessory Dwelling Units (ADUs));
  • Dormitories owned by an educational institution;
  • Affordable housing restricted by a deed covenant, regulatory agreement or other recorded document;
  • And mobile homes.
• What noticing does the state bill require I provide to tenants?

  All tenants in units covered by the bill must receive a notice explaining the just cause and rent cap protections that apply to their unit. For a tenancy existing before July 1, 2020, this notice must be provided in writing to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement. For any tenancy beginning or renewed after July 1, 2020, this notice must be provided as an addendum to the lease or rental agreement, or as a written notice signed by the tenant with a copy provided to the tenant. The notice language must read:

  “California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information”.

  For units that are exempt from the rent cap, landlords must still provide a written notice to the tenant explaining that they are exempt from the notice. The notice language must read:

  “This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Section 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation”.

  If the owner does not provide the required notice and/or does not follow the proper timeline for noticing, then the unit is no longer exempt from the just cause or rent cap provisions of the bill.

Just Cause Questions

• For what reasons can a tenant be evicted under the Tenants Protection Act of 2019? What about the County’s ordinance?

  Both the Tenants Protection Act of 2019 and the County’s Just Cause ordinance prohibit residential rental property owners of covered units from terminating a tenancy unless the property owner has a “just cause”. The law identifies two categories of just causes: at fault causes, where the tenant is at fault for violating lease terms, and no-fault causes, where the property owner wants to recover possession of the property, regardless of the tenant’s actions. The Tenants Protection Act of 2019 identifies the following:

  At-fault causes are:

  • Failure to pay rent
  • Breach of the lease
  • Criminal activity at the property or against the owner
  • Assignment and subletting in violation of the lease
  • Refusal to allow the owner to enter the property

  No-fault causes are:

  • Owner move-in
  • Occupancy of the unit by certain family members of the owner’s family (spouse, domestic partner, children, grandchildren, parents, grandparents)
  • Withdrawal of the unit from the rental market (Ellis Act)
  • Complying with a government order related to habitability of the building
  • Intent to demolish or substantially remodel the property

  For more information on the County’s ordinance, review the Frequently Asked Questions from Tenants on the County's Just Cause webpage.

• How do I know which Just Cause ordinance I need to follow?

  For rental properties located in unincorporated Marin County, a local Just Cause for eviction ordinance went into effect on January 17, 2019. These properties in unincorporated Marin must continue to reference this ordinance. More information is available on the County’s Just Cause webpage.

  Additionally, other jurisdictions in Marin have adopted local Just Cause for Eviction ordinances, such as the Town of Fairfax (2019) and City of San Rafael (2019). You can use the County's jurisdiction look up tool to determine if your property is located in one of these jurisdictions that has a local ordinance. If not, you should follow the guidelines established by the state bill.

• How do I if my property is in unincorporated Marin County?

  You can use the County's jurisdiction look up tool to determine if your property is located in unincorporated Marin County.

• When am I required to provide relocation assistance?

  Landlords must provide relocation assistance equal to one month’s rent in the event of a no-fault termination under the Tenants Protection Act of 2019. To qualify for relocation assistance, a tenant must have occupied the unit for at least 12 months.

• What noticing does the state bill require I provide to tenants?

  All tenants in units covered by the bill must receive a notice explaining the just cause and rent cap protections that apply to their unit. For a tenancy existing before July 1, 2020, this notice must be provided in writing to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement. For any tenancy beginning or renewed after July 1, 2020, this notice must be provided as an addendum to the lease or rental agreement, or as a written notice signed by the tenant with a copy provided to the tenant. The notice language must read:

  “California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information”.

  For units that are exempt from the just cause provisions of the bill, landlords must still provide a written notice to the tenant explaining that they are exempt from the notice. The notice language must read:

  “This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Section 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation”.

  If the owner does not provide the required notice and/or does not follow the proper timeline for noticing, then the unit is no longer exempt from the just cause or rent cap provisions of the bill.

• How/when do I notify the County of an eviction?

  The Community Development Agency Director must be notified of evictions only in unincorporated Marin County that fall under the local ordinance within ten (10) days of delivery to the tenant(s). For more details, see Marin County Code 3705 § 5.100.050(d) and information on the County’s Just Cause webpage.

• What units are exempt from the just cause provisions of the state bill? Are they covered by the County’s ordinance?

  The just cause provisions of the state bill only apply after a tenant has occupied the unit for 12 months. After meeting this requirement of the bill, all rental units are covered, which exceptions for the following:

  • Condos or single-family homes, unless owned by a real estate investment trust (REIT), a corporation, or a limited liability company where at least one member is a corporation, and so long as the tenants have been given proper notice of the exemption (see the response to "What noticing does the state bill require I provide to tenants?" above for more details);
  • Duplexes where the owner’s principal residence is one of the units;
  • Buildings constructed in the last 15 years, a rolling date. Which means that units built in 2006 will be covered in 2021, and units built in 2007 will be covered in 2022;
  • Dormitories owned by an educational institution;
  • Affordable housing restricted by a deed covenant, regulatory agreement or other recorded document;
  • Units covered by a local Just Cause ordinance, if the ordinance was adopted before September 1, 2019, or a local ordinance that is more protective was passed after September 1, 2019;
  • Transient and tourist hotel occupancies;
  • And housing in a nonprofit hospital, religious facility, extended care facility, licensed care facility for the elderly or an adult residential facility.

  The Tenants Protection Act of 2019 does not apply in jurisdictions where there is already a local just cause for eviction policy in place that was passed before September 1, 2019, or if a more protective ordinance is passed after September 1, 2019. Rental units in unincorporated Marin must continue to follow the local Just Cause for eviction policy that went into effect January 17, 2019.

• Can I require my tenant to sign a new lease in order for the new law to be enforceable?

  No. The rent cap and just cause provisions of the bill apply to the unit, unless exempt. However, in order for the just cause protections to take effect, the tenant must have occupied the unit for at least 12 months.

• What if the rental unit is currently vacant?

  If the unit is currently vacant, then the bill will not take effect until a new tenant moves in. However, in order for the just cause protections to take effect, the tenant must have occupied the unit for at least 12 months.

AB 1482 Resources

• California State Assembly Bill No. 1482
• AB 1482 Frequently Asked Questions - Assembly Member David Chiu
• AB 1482 Toolkit for Tenants -Tenants Together
• Complying with AB 1482, California’s statewide rent cap law - California Apartment Association  

SB 329 Resources

• California State Senate Bill No. 329
• Reaching Mrs. Murphy: A Call for Repeal of the Mrs. Murphy Exemption to the Fair Housing Act
• How to Become a Section 8 Landlord - Marin Housing Authority
• Landlord Resources - Marin Housing Authority
• Resident Resources - Marin Housing Authority

Local Organizations

• Fair Housing Advocates of Northern California
• Legal Aid of Marin