San Marcos, CA Rental Property Rules: Rent Increase Notice (2026)
Key Facts
- Governing chapter
- Municipal Code § 16.16.055
- Scope
- Mobilehome parks with 10+ spaces
- Filed with
- City Clerk, same time as tenant notice
- Petition window
- 30 days after tenant notice
- Petition threshold
- Over 50% of affected spaces
Summary
San Marcos requires mobilehome park owners to file written notice of any proposed space rent increase with the City Clerk, listing current and proposed rents and the affected tenants, at the same time tenants are notified. Tenants of qualifying parks can then petition the Mobilehome Rent Review Commission to block or reduce the increase.
A mobilehome park owner shall give written notice to the City of a proposed rent increase. The notice shall be given at the same time that the notice of rent increase is given to the tenants. The notice shall be filed with the City Clerk and shall contain the following information: the amount of the current space rents and the amount of separately billed fees or charges, if any; the amount of the proposed increase; the spaces to which the increase applies and the names of the tenants of those spaces; and the date of the last rent increase for the park.(b)A mobilehome park owner shall provide written notice and verification of the space(s) subject to the space rent increase as set forth in Subsection (a). A hearing to review the space rent increase will not be scheduled until said written notice and verification is received by the City Clerk. (Ord. No. 96-994, 6-11-96)
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
16 of the Municipal Code creates the Mobilehome Rent Review Commission and applies to mobilehome parks with ten or more spaces, excluding spaces under qualifying rental agreements longer than 12 months (Secs. 040). Sec. 055 requires a park owner to give written notice to the City of a proposed space rent increase at the same time notice goes to tenants; the notice must be filed with the City Clerk and state the current space rent and separately billed fees, the amount of the proposed increase, which spaces and tenants it applies to, and the date of the last rent increase.
A rent-increase hearing cannot be scheduled until the City Clerk receives this written notice and verification. Once notice issues, tenants representing more than 50 percent of the affected spaces may file a written petition with the City Clerk within 30 days of receiving the increase notice to trigger Commission review (Sec. 060(a)). Filing a valid petition automatically stays the increase until the Clerk rejects it or the Commission issues a final decision (Sec. 060(d)). At a hearing held 40 to 60 days after the Commission receives the petition, the park owner bears the burden of proving the increase is reasonable and necessary for a just and reasonable return, weighed against factors including changes in gross income, operating expenses, the Consumer Price Index, and services or amenities provided (Sec.
070). Owners may not raise space rent more than once in any 12-month period except for utility cost pass-throughs or new government assessments under Sec. 090.
Violations & Fines
A rent increase collected without complying with the notice and hearing procedures, or later found excessive by the Commission, must be returned to tenants or credited against future rent (Sec. 16.16.070(f)). Sec. 16.16.120 separately prohibits a park owner from discriminating against a tenant for exercising rights under this chapter, and Sec. 16.16.100 requires a citywide vote of the electorate to repeal the ordinance outright, though the Council may amend it after a noticed public hearing.
Frequently Asked Questions
Does San Marcos require notice before raising apartment rent?
What must a mobilehome park owner's rent increase notice include?
Can mobilehome tenants stop a rent increase in San Marcos?
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 Increase Notice in Nearby Cities
How other cities in San Diego County handle rent increase notice.