For most residential tenancies, the maximum security deposit is one month’s rent. A landlord who is a natural person, or an LLC in which every member is a natural person, may collect up to two months’ rent only if the landlord owns no more than two residential rental properties that collectively contain no more than four dwelling units offered for rent.
For purposes of this exception, a natural person includes a natural person who is a settlor or beneficiary of a qualifying family trust, as defined by California law.
This exception does not apply when the prospective tenant is a service member.
Within 21 calendar days after the tenant vacates, the landlord must provide an itemized statement and return any remaining security deposit. When deductions are made, the landlord must provide the documentation required by law, including photographs for repair or cleaning deductions and applicable bills, invoices, receipts, or written explanations.
The documentation exception for repair and cleaning deductions totaling $125 or less does not eliminate the tenant’s right to request the documentation within 14 calendar days after receiving the itemized statement.
For tenancies beginning on or after July 1, 2025, the landlord must photograph the unit immediately before or at the beginning of the tenancy. When repair or cleaning deductions will be taken, the landlord must also photograph the unit after possession is returned but before the work is performed, and again after the repairs or cleaning are completed.
A landlord’s bad-faith retention of a security deposit may result in actual damages and statutory damages of up to twice the amount of the security deposit.
California’s Tenant Protection Act generally limits annual rent increases to 5% plus the applicable change in the cost of living, or 10%, whichever is lower, calculated from the lowest gross rental rate charged during the preceding 12 months.
Coverage and exemption requirements vary depending on the property, ownership structure, occupancy circumstances, and the exemption being relied upon. Certain separately alienable single-family homes and condominiums may qualify for exemption when the statutory ownership conditions are satisfied and the prescribed exemption notice is provided in the required manner and at the required time. Other exemptions operate under different statutory conditions and do not necessarily use the same notice.
For many properties, landlords cannot simply end a tenancy at will.
Under Just Cause eviction rules, termination must generally fall into two categories:
- Tenant fault
(non-payment of rent, lease violations, nuisance)
or - No-fault reasons such as:
• Owner move-in
• Substantial remodel: When substantial remodel is relied upon as a just-cause basis for terminating a covered tenancy, California law requires specific notice contents and supporting documentation regarding the qualifying work. Where applicable, statutory re-offer obligations also apply if the qualifying remodel or demolition is not commenced or completed as required..
• Property withdrawal from the rental market
For a tenancy covered by California’s just-cause requirements, a no-fault termination generally requires the owner to provide relocation assistance equal to one month of the tenant’s rent or waive the final month’s rent in writing.
A direct relocation payment must generally be made within 15 calendar days after service of the termination notice. Failure to strictly comply with the relocation requirements may render the termination notice void.
Federal and California fair housing laws prohibit discrimination based on protected characteristics including:
• race
• religion
• national origin
• disability
• family status
• sexual orientation
• source of income
Screening criteria must be consistent, documented, and applied equally to all applicants.
Even informal comments can create liability.
California requires rental properties to remain safe and habitable at all times.
Landlords must maintain:
• plumbing, heating, and electrical systems
• weatherproofing and structural integrity
• functioning smoke and carbon monoxide detectors
Tenants may have legal remedies if conditions fall below habitability standards.
Preventative maintenance is key.
Except when a statutory exception applies, a landlord must provide reasonable written notice of entry stating the date, approximate time, and purpose.
Twenty-four hours is generally presumed reasonable when the notice is personally delivered or properly left at the property. When the notice is mailed, mailing it at least six days before the intended entry is generally presumed reasonable.
Different rules apply to emergencies, abandonment or surrender, contemporaneous tenant consent, certain agreed repairs or services, court-authorized entry, and certain showings of property offered for sale after the required written notice has been provided.
In many housing disputes, the outcome depends not on what happened — but on what can be documented.
Owners should maintain records of:
• leases and addenda
• maintenance requests and repairs
• tenant communications
• notices served
• deposit accounting
Clear documentation protects both parties.
Some Marin and Sonoma jurisdictions have additional local housing rules, including:
• rent stabilization ordinances
• tenant protections
• registration requirements
Cities with notable housing regulations include:
• San Rafael
• Larkspur
• Fairfax
• San Anselmo
• Petaluma
• Santa Rosa
Local rules can change frequently.
California housing regulations continue to evolve as policymakers respond to housing shortages and tenant protections.
Owners should stay informed about:
• new statewide legislation
• local housing ordinances
• evolving compliance standards
Small procedural errors can sometimes have disproportionate consequences.
Careful management helps reduce risk.
General information only. Not legal advice. Laws and local ordinances may change.
Questions About Your Property?
Rental housing regulations in Marin and Sonoma counties can be complex, and the specific circumstances of a property often matter.
If you would like to discuss your situation or explore whether professional management may be helpful, we would be happy to speak with you.
