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Fairfax · Renting & eviction

Renting in Fairfax: the rules that apply

Fairfax has no rent control or just-cause rule of its own; state law governs rent increases and evictions on covered units. The town adds a tenant harassment ban and a tenant-rights notice about its mediation service.

Key points

  • Rent cap: State law caps covered units at 8.8% for increases taking effect August 1, 2026 through July 31, 2027.
  • Just cause: Fairfax has no local just-cause rule; state law requires a just cause after 12 months of lawful occupancy in covered units.
  • Ending notice: State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than one year.
  • Relocation pay: For no-fault just causes on covered units, state law requires one month's rent, paid or waived, within 15 calendar days of the notice.
  • Harassment: Town rule: cutting services, skipping required repairs and other listed acts are harassment if in bad faith, with ulterior motive or without honest intent.
  • Rights notice: Town rule: a tenant-rights notice about the mediation service must come with rent-increase notices, or the increase notice is invalid until reissued.

Each rule below is marked Fairfax code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Rent increases

CA state law Fairfax has no rule of its own on this, so California law applies. Rent cap right now: 8.8% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.8% inflation) (Civ. Code § 1947.12(a)(1), (g)). California's statewide rent cap — the full state rule →

Eviction and just cause

Fairfax code What Fairfax's code adds
Units covered
  • No local just-cause rule: landlords may end tenancies whenever state law allows; the town enforces no stricter limit.
    Applies: All rental units in the town.
    § 5.54.020 · code text
    Notwithstanding any other provision of law, a landlord may take action to terminate any tenancy, including but not limited to making a demand for possession of a rental unit, threatening to terminate a tenancy verbally or in writing, serving any notice to quit or other eviction notice, bringing any action to recover possession or be granted recovery of possession of a rental unit, including by seeking the entry of an eviction judgment or by causing or permitting a writ of possession to be entered, in any circumstance authorized by state law, including but not limited to Cal. Civil Code § 1946.2 and Cal. Code of Civil Procedure §§ 1159-1179.15.

CA state law Underneath, California law still applies. Just cause required: After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice (Civ. Code § 1946.2(a)). Just-cause eviction in California — the full state rule →

Relocation payments

CA state law Fairfax has no rule of its own on this, so California law applies. No-fault eviction relocation assistance: One month's rent (as relocation payment or rent waiver), paid within 15 calendar days of the notice (Civ. Code § 1946.2(d)(3)(A)). Relocation under California's just-cause law — the full state rule →

Notices

Fairfax code What Fairfax's code adds
What a notice must say
  • A notice of tenant rights explaining the mediation service and how to request it.
    Applies: Given at lease start or renewal, with rent-increase notices, and when the town requires; an increase notice is invalid until reissued with this notice.
    § 5.55.080 · code text
    Landlords must provide to each tenant a notice of tenant rights under this chapter that describes the mediation service and how to request service; a form for providing such notice may be issued in the guidelines.
  • In the tenant's primary language if reasonably feasible, plus an accurate translation in the language the lease was negotiated in.
    Applies: All notices under this section.
    § 5.55.080 · code text
    All notices provided under this section shall be provided in the primary language of the tenant, if reasonably feasible. If the tenant's rental agreement was negotiated in another language, the landlord is obligated to provide an accurate translation of the notification in that other language as well.
CA state law The statewide rule underneath
Notice of a rent increase
At least 30 days' notice for an increase of 10% or less; at least 90 days for an increase of more than 10%
Applies: The 10% is measured against the rent charged at any time in the 12 months before the increase, counting all increases in that period together.
Notice to end a month-to-month tenancy (landlord)
60 days' notice; 30 days if the tenant has lived there less than one year
Applies: Where the unit is covered by just cause (Civ. Code § 1946.2) or a local ordinance, the notice must also state a qualifying cause.
Notice to end a month-to-month tenancy (tenant)
At least as long as the rental period (one month for a month-to-month tenancy)
30-day notice when the unit is sold to an owner-occupant
30 days' notice when a separately sellable unit is in escrow to a natural person who will live there for at least a year
Applies: Notice within 120 days of opening escrow, given once, and all § 1946.1(d) conditions met.
Notice to pay rent or quit
3 days, not counting Saturdays, Sundays and judicial holidays, stating the amount due and how to pay
Applies: May be served any time within one year after the rent became due.
Notice to cure a lease violation or quit
3 days, not counting Saturdays, Sundays and judicial holidays, to perform the broken lease term or leave
No fee for serving notices
A landlord may not charge the tenant a fee for serving or posting a notice

Security deposits

CA state law Fairfax has no rule of its own on this, so California law applies. Security deposit cap: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)). Deposit return deadline: 21 calendar days after the tenant moves out, with an itemized statement of any deductions (Civ. Code § 1950.5(h)(1)). California security deposit law — the full state rule →

Retaliation

CA state law Fairfax has no rule of its own on this, so California law applies. Retaliation protection period: For 180 days after a tenant complains about habitability (to the landlord or an agency), the landlord may not evict, raise rent or cut services in retaliation (Civ. Code § 1942.5(a), (b)). Retaliatory eviction in California — the full state rule →

Harassment and lockouts

Fairfax code Town rule: cutting services, skipping required repairs and other listed acts are harassment if in bad faith, with ulterior motive or without honest intent.

All 14 Fairfax rules on harassment and lockouts, with the code text and the state law underneath →

Repairs and habitability

CA state law Fairfax has no rule of its own on this, so California law applies. Duty to keep the unit habitable: The landlord must deliver a unit fit to live in and repair conditions that make it untenantable (Civ. Code § 1941). Repair and deduct: A tenant may make a repair the landlord neglects and deduct the cost from rent, up to one month's rent, no more than twice in any 12 months (Civ. Code § 1942(a)). Habitability and repair-and-deduct — the full state rule →

Landlord entry

CA state law Fairfax has no rule of its own on this, so California law applies. Landlord entry notice: Reasonable written notice, presumed to be 24 hours, and entry only during normal business hours (Civ. Code § 1954(d)(1), (e)). Landlord entry notice in California — the full state rule →

Other Fairfax rules on this

Fairfax's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

How much can rent go up in Fairfax?

State law caps covered units at 8.8% for increases taking effect August 1, 2026 through July 31, 2027.

Does a landlord in Fairfax need a reason to evict?

Fairfax has no local just-cause rule; state law requires a just cause after 12 months of lawful occupancy in covered units.

Does a Fairfax landlord have to pay relocation?

For no-fault just causes on covered units, state law requires one month's rent, paid or waived, within 15 calendar days of the notice.

How much notice does a Fairfax landlord have to give?

State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than one year. Town rule: a tenant-rights notice about the mediation service must come with rent-increase notices, or the increase notice is invalid until reissued.

How much can a Fairfax landlord charge for a security deposit?

Fairfax has no local rule on this that we found (checked October 2026); state law applies: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)).

General information, not legal advice.

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