San Marcos, CA Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Governing local section
- SMMC § 8.84.010
- State definition incorporated
- Health & Safety Code § 17920.3
- Offense level
- Misdemeanor, not infraction
- Charging basis
- Separate offense per day of violation
- Max jail exposure
- Up to 6 months, San Diego County Jail
Summary
San Marcos makes it a crime for an owner, manager or lessor to rent out any dwelling that qualifies as a 'substandard building' under state law, charging a separate misdemeanor for every day the substandard unit stays occupied or listed.
8.84.010 - Prohibition. No person as owner, manager, or lessor shall provide, rent or lease, or allow to be used, rented or leased to another, for the purpose of human habitation, any "substandard building" as that term is defined in Health and Safety Code Section 17920.3. Any person violating the provisions of this chapter shall be guilty of a misdemeanor for each day such violation continues, and is punishable in accordance with the provisions of Section 1.12.010.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 14 Update 1).
Full Breakdown
3. Rather than write its own list of defects, San Marcos incorporates the state definition wholesale, so any dwelling that meets the state's substandard-building criteria automatically triggers the local rental ban the moment it is offered for human habitation, whether that is a new lease, a renewal, or simply continuing to allow an existing tenant to occupy it. 010(d). 010(c) is punishable by a fine set in the City's Infraction and Misdemeanor Bail Schedule, by up to six months in San Diego County Jail, or by both.
Because the chapter is only one operative section, it does not create its own inspection or notice procedure; enforcement typically follows a code enforcement or building inspection finding that the property meets the state substandard definition, after which the owner faces the daily misdemeanor exposure described above.
Violations & Fines
Renting or continuing to rent a unit that meets the Health and Safety Code § 17920.3 definition of a substandard building is a misdemeanor under § 8.84.010, not the ordinary first-offense infraction most Municipal Code violations carry, and each day of continued rental is chargeable as a separate offense under § 1.12.010(d), with fines and up to six months in County Jail available under § 1.12.010(c).
Frequently Asked Questions
Can a San Marcos landlord rent out a substandard building?
Is renting a substandard unit in San Marcos just a fine, or something more serious?
Does San Marcos have its own list of habitability defects?
Sources & Official References
Other rules in San Marcos
California rules heatmap·Compare San Marcos to another location·View the California rental property rules overview
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Repairs & Habitability in Nearby Cities
How other cities in San Diego County handle repairs & habitability.