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Rental Property Rules

Fairfield's Rental Property Rules: The Rules That Matter

By CityRuleLookup Editorial Team

Every city handles rental property rules a little differently. In Fairfield, California, there are 5 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Security Deposit Rules

Fairfield does not have a local security deposit ordinance; California Civil Code §1950.5 controls. Effective July 1, 2024, California Assembly Bill 12 (Haney) capped security deposits at one month's rent for both furnished and unfurnished residential properties, with a narrow exception allowing up to two months' rent for small landlords (natural persons or LLCs owning no more than two properties with a total of four units) when the tenant is not a service member. Deposits must be returned within 21 calendar days with an itemized statement.

Key details: Deposit Cap (Standard): 1 month's rent (post-Jul 2024). Small Landlord Exception: 2 months (≤2 properties/≤4 units). Service Member Exception: 1 month cap always applies. Return Deadline: 21 calendar days. Itemization Threshold: $125+ deductions require receipts.

Demanding more than one month's rent (or two months under the small-landlord exception): tenant may sue for the overcharge plus statutory damages of up to twice the deposit and attorney's fees. Failure to return the deposit within 21 days or provide proper itemization: bad-faith retention exposes the landlord to up to 2x the deposit amount in statutory damages under Civil Code §1950.5(l). Commingling deposits with operating funds is not per se illegal in California (unlike some states), but loss of the deposit due to commingling can support a bad-faith claim. Self-help retention to coerce post-tenancy payments is treated as bad-faith. Solano County Superior Court small claims handles deposit disputes up to $12,500 (the 2024 increase under AB 2347).

Rental Registration

Fairfield requires a Certificate of Rental Occupancy (CRO) for any dwelling unit offered for rent in the city — including houses, condominiums, apartments, and individual rooms — under Chapter 5 of the Municipal Code (Building and Housing Code). The CRO is tenant-based: a new certificate is required each time a new tenant occupies the unit. The City Council also considered a more comprehensive Rental Housing Safety Program in 2024-2026 that would layer routine inspections, compliance monitoring, and registration on top of the existing CRO framework; the program had not been formally adopted as of mid-2026.

Key details: Required Permit: Certificate of Rental Occupancy (CRO). Code Authority: FMC Chapter 5. Issuance Basis: Per-tenant (new application each tenancy). RHSP Status: Proposed (not adopted as of mid-2026). RHSP Authority: AB 548 / H&S Code §17974.

Renting a dwelling unit without a current Certificate of Rental Occupancy: zoning/housing code violation under Chapter 5, administrative citation under Chapter 1A with escalating fines ($100/$200/$500 per offense), and possible inability to commence an unlawful detainer action because some California courts treat absent local licensing as a defense. False statements on a CRO application: misdemeanor under California Penal Code §118. Substandard conditions discovered during inspection trigger separate enforcement under Health & Safety Code §17920.3 with abatement orders and possible declaration of public nuisance. If the Rental Housing Safety Program is adopted, additional registration and periodic inspection fees and obligations will apply.

Rent Control

Fairfield has not adopted a local rent control ordinance. Rent increases on covered rental units are governed by California's Tenant Protection Act of 2019 (AB 1482, codified as Civil Code §1947.12), which caps annual rent increases at 5% plus the regional Consumer Price Index (CPI), not to exceed 10% in any 12-month period. The Costa-Hawkins Rental Housing Act (Civil Code §§1954.50-1954.535) preempts Fairfield from imposing rent control on single-family homes, condominiums, and units first certified for occupancy after February 1, 1995.

Key details: Local Rent Control: None. Statewide Cap: 5% + CPI, max 10% (AB 1482). Cap Authority: Cal Civ Code §1947.12. Sunset Date: January 1, 2030. Costa-Hawkins Preemption: SFH/condo/post-1995 units.

Charging rent in excess of the AB 1482 cap on a covered unit: tenant remedy is to withhold the overcharge, sue for restitution of overpayments, treble damages under Civil Code §1947.12(j) for willful violations, and attorney's fees. The Department of Real Estate and Department of Consumer Affairs do not enforce AB 1482 — enforcement is private through the courts or Solano County Superior Court small claims division for amounts under $10,000. Failure to provide the AB 1482 disclosure (the statutorily required notice that the tenancy is or is not subject to AB 1482) is a separate violation under Civil Code §1947.12(d)(5). Misclassifying a covered unit as exempt without basis can void the exemption claim retroactively.

Just Cause Eviction

Fairfield has not adopted a local just-cause eviction ordinance. Termination of tenancy on covered rental units is governed by the just-cause provisions of California's Tenant Protection Act of 2019 (AB 1482, Civil Code §1946.2), which after 12 months of continuous tenancy require the landlord to state an 'at-fault' or 'no-fault' just cause. No-fault terminations require relocation assistance equal to one month's rent. Single-family homes and condominiums owned by natural persons with proper notice in the lease are exempt.

Key details: Local Ordinance: None. Statewide Authority: Cal Civ Code §1946.2 (AB 1482). Coverage Threshold: 12 months continuous tenancy. Relocation Assistance: 1 month rent for no-fault. Court Venue: Solano County Superior Court (Fairfield).

Filing an unlawful detainer without the required just cause and notice: tenant has an affirmative defense, the case will be dismissed, and the tenant may recover statutory damages of $200-$2,000 plus attorney's fees under Civil Code §1942.5. No-fault termination without paying relocation assistance: the notice is void, the case cannot proceed, and the tenant may recover treble damages for willful violations. Self-help eviction (changing locks, removing belongings, shutting off utilities) is illegal in California under Civil Code §789.3 with statutory damages of $100 per day plus actual damages. Retaliatory eviction within 180 days of a tenant exercising a protected right is presumptively void under Civil Code §1942.5.

Rental Inspection Programs

Fairfield's existing rental inspection authority operates through the Certificate of Rental Occupancy (CRO) under Chapter 5 of the Municipal Code (per-tenancy habitability check) and Code Enforcement under Chapter 1A for complaints. The City has proposed but not adopted a comprehensive Rental Housing Safety Program built around Assembly Bill 548 (Health & Safety Code §17974) that would add routine cyclical inspections, a unit-by-unit registry, and compliance monitoring. Complaint-driven inspections under Health & Safety Code §17920.3 (substandard housing) remain available regardless of program adoption.

Key details: Current Inspection Trigger: CRO (per-tenancy) + complaints. Complaint Authority: FPD Code Enforcement (707-428-7587). Substandard Standard: H&S Code §17920.3. Proposed RHSP: Under Council review (2025-26). Section 8 Inspection Standard: HUD HQS (24 CFR 982.401).

Substandard conditions identified during a CRO inspection or complaint response: Notice and Order to repair, administrative citation under Chapter 1A ($100-$500), abatement by the City at the owner's expense if uncured, and possible referral to the City Attorney for civil injunction. Refusing entry to a code inspector with a valid administrative warrant: contempt and additional civil penalties. Retaliating against a tenant who reported violations: presumption of retaliation within 180 days under Civil Code §1942.5, with statutory damages of $100-$2,000 per act and attorney's fees. If the Rental Housing Safety Program is adopted, failure to register or pay inspection fees will add registration penalties and possible suspension of the right to collect rent.

The Bottom Line

Fairfield's rental property rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Fairfield is broadly strict or permissive.

These rules come from Fairfield's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.