San Marcos, CA Rental Property Rules: Rent Control (2026)
Rent control rules in San Marcos, CA, also known as rent stabilization or rent cap ordinances, limit annual rent increases and protect tenants from displacement.
Key Facts
- Local Rent Control
- None
- State Cap (AB 1482)
- 5% + CPI or 10% max
- Applies To
- Properties 15+ years old
- Notice Required
- 30 days (or 90 if >10%)
Summary
San Marcos has no local rent control ordinance. Qualifying rental properties are covered by California's Tenant Protection Act (AB 1482), which caps annual rent increases at 5% plus CPI or 10%, whichever is less.
1947.12. (a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant shall be excluded. The gross per-month rental rate and any owner-offered discounts, incentives, concessions, or credits shall be separately listed and identified in the lease or rental agreement or any amendments to an existing lease or rental agreement. (2) If the same tenant remains in occupancy of a unit of residential real property over any 12-month period, the gross rental rate for the unit of residential real property shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increase. (b) For a new tenancy in which no tenant from the prior tenancy remains in lawful possession of the residential real property, the owner may establish the initial rental rate not subject to subdivision (a). Subdivision (a) is only applicable to subsequent increases after that initial rental rate has been established.
Full Breakdown
San Marcos does not have a local rent control ordinance. Qualifying rental properties are subject to the California Tenant Protection Act (AB 1482, Civil Code 1946.2 and 1947.12), which caps annual rent increases at 5% plus the local Consumer Price Index (CPI) change, or 10%, whichever is less. AB 1482 applies to most residential rental properties that are 15+ years old. Exempt properties include: single-family homes not owned by corporations or REITs (with proper notice), owner-occupied duplexes, housing built within the last 15 years, and units subject to existing local rent stabilization. Landlords must provide written notice of exemption per Civil Code 1947.12(d). Rent increases require 30 days' written notice for increases of 10% or less, or 90 days' notice for increases over 10%. The San Diego County CPI (published by BLS) applies for calculating the local adjustment.
Violations & Fines
Tenants may file civil actions for rent overcharges. Landlords must refund excess rent collected above the AB 1482 cap plus potential penalties.
Frequently Asked Questions
Does San Marcos have rent control?
Is my rental property exempt from AB 1482?
How much notice is required for a rent increase?
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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Rent Control in Nearby Cities
How other cities in San Diego County handle rent control.