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San Rafael, CA Rental Property Rules: Just Cause Eviction (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Just cause eviction rules in San Rafael, CA, sometimes called tenant protection or "for cause" eviction ordinances, list the specific legal reasons a landlord can end a tenancy.

Key Facts

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

Summary

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.

A.Prerequisites to Terminate. No landlord may terminate a residential tenancy of a dwelling unit unless the landlord can demonstrate:1.The landlord possesses a valid business license in accordance with Chapter 10.04 of this Code; and2.The landlord has previously provided the tenant with the notice of tenant rights as required by Section 10.100.070 of this Code, or can otherwise demonstrate timely, good faith substantial compliance with the noticing requirements listed therein and in this chapter; and3.The landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the dwelling unit beyond the term of the terminated tenancy in compliance with California Civil Code sections 1945, 1946, and 1946.1; and4.The termination qualifies as a for cause or no fault termination, as defined in this section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).

Full Breakdown

SRMC §10.105.040 bars a landlord from terminating a covered tenancy, buildings with at least three dwelling units, subject to narrow owner-occupied and subsidized-housing exceptions, unless the landlord holds a valid business license, has given the required tenant-rights notice, and cites a qualifying reason. 'For cause' reasons include nonpayment of rent, breach of the lease, illegal activity, threats of violence, or nuisance behavior; 'no fault' reasons include owner move-in, permanent removal from the rental market, substantial rehabilitation, or a tenant's refusal to sign a substantially similar lease. No-fault terminations for permanently removing a unit from the rental market require at least 120 days' notice under §10.105.060, and a landlord's noncompliance is an affirmative defense to an unlawful detainer action.

Violations & Fines

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.

Frequently Asked Questions

Does this cover a single-family rental home?
Generally no. Chapter 10.105 applies to properties with at least three dwelling units, with limited owner-occupied exceptions.
What counts as a 'no fault' reason to evict?
Owner move-in, permanently removing the unit from rental use, substantial health-and-safety rehab, or a tenant refusing a similar lease, per §10.105.040(C).

Sources & Official References

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