San Marcos, CA Rental Property Rules: Just Cause Eviction (2026)
Just cause eviction rules in San Marcos, CA, sometimes called tenant protection or "for cause" eviction ordinances, list the specific legal reasons a landlord can end a tenancy.
Key Facts
- Local Ordinance
- None
- State Protection
- AB 1482 (Civil Code 1946.2)
- Trigger
- 12+ months occupancy
- No-Fault Relocation
- One month's rent
Summary
San Marcos has no local just cause eviction ordinance. California's Tenant Protection Act (AB 1482) provides just cause eviction protections for tenants who have occupied qualifying units for 12+ months.
1946.2. (a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied: (1) All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more. (2) One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more. (b) For purposes of this section, "just cause" includes either of the following: (1) At-fault just cause, which is any of the following: (A) Default in the payment of rent. (B) A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. (C) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. (D) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
Full Breakdown
San Marcos does not have a local just cause eviction ordinance. Qualifying tenants are protected under the California Tenant Protection Act (AB 1482, Civil Code 1946.2). After 12 months of continuous occupancy, tenants in covered units can only be evicted for specified just causes. At-fault causes include: nonpayment of rent, breach of lease, nuisance, criminal activity, refusal to allow lawful entry, and subletting without permission. No-fault causes include: owner move-in, withdrawal from rental market (Ellis Act), demolition or substantial remodel, and government order to vacate. No-fault evictions require relocation assistance equal to one month's rent. The same exemptions as the rent cap apply: single-family homes not owned by corporations (with proper notice), owner-occupied duplexes, and newer construction. Landlords must state the just cause in the termination notice.
Violations & Fines
Wrongful eviction may result in civil liability. Tenants may recover actual damages, attorney's fees, and in some cases punitive damages for retaliatory or bad-faith evictions.
Frequently Asked Questions
Does San Marcos have just cause eviction protections?
What are valid reasons to evict a tenant in San Marcos?
Do I have to pay relocation if I evict for owner move-in?
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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Just Cause Eviction in Nearby Cities
How other cities in San Diego County handle just cause eviction.