How San Rafael Handles Rental Property Rules: A Practical Guide
San Rafael maintains 129 local ordinances across all categories, and 4 of those deal specifically with rental property rules. Here is a breakdown of what the city actually requires, what is prohibited, and where San Rafael falls on the strict-to-permissive spectrum compared to other cities.
Repairs & Habitability
San Rafael requires landlords to keep habitable rooms, bathrooms and toilet rooms at least 68°F during the heating season, amending the base Property Maintenance Code's heat-supply rule for local use.
Key details: Minimum temp: 68°F habitable rooms/bathrooms. Base code: International Property Maintenance Code, adopted. Work spaces: 65°F minimum while occupied. Applies to: Rented dwelling and sleeping units.
Violations are enforced under the Property Maintenance Code's amended notice, temporary-safeguard and demolition provisions, tied to San Rafael Municipal Code Chapter 1.46 notice procedures and code-enforcement remedies.
Rent Control
San Rafael does not cap rent increases for conventional housing but requires mandatory mediation whenever a landlord raises rent more than 5 percent in 12 months.
Key details: Trigger: >5% rent increase in 12 months. Remedy: Mandatory mediation, not a rent cap. Effect: Increase delayed pending mediation. State overlay: AB 1482 caps apply separately.
A landlord who imposes a qualifying increase without participating in mediation in good faith cannot make that increase effective, per Section 10.100.050(D)(2)(a), until compliance is shown.
Rent Increase Notice
San Rafael landlords must give tenants a notice of mediation rights whenever they issue a lease, a lease renewal, or a rent increase notice.
Key details: Governing section: SRMC § 10.100.080. Triggers: Lease, renewal, or rent increase notice. Mediation threshold: Increase over 5% in 12 months. Non-compliance effect: Rent increase notice invalid.
A rent increase notice served without the required notice of tenant rights is invalid and unenforceable until the landlord serves proper notice along with a new rent-increase notice, per §10.100.080(E).
Just Cause Eviction
San Rafael landlords of covered rental properties cannot terminate a tenancy without a licensed, code-compliant 'for cause' or 'no fault' reason under Chapter 10.105.
Key details: Governing section: SRMC § 10.105.040. Covers: Buildings with 3+ dwelling units. No-fault removal notice: At least 120 days. Remedy: Affirmative defense + treble damages.
Terminating a covered tenancy without a valid business license, required notice, and a qualifying for-cause or no-fault reason is an affirmative defense against eviction and can expose the landlord to treble damages plus attorney's fees under §10.105.070.
This is not one of those rules that cities tend to ignore. San Rafael actively enforces its just cause eviction requirements.
The Bottom Line
San Rafael'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 San Rafael is broadly strict or permissive.
All of the above reflects San Rafael's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.