Eviction and just cause in Marin County: the local rules

Each rule below links to the section of the Marin County Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Marin County's code says

Marin County code What Marin County's code adds
Allowed at-fault reasons	Failure to pay rent. Applies: The tenant did not pay within 3 days of a written notice demanding the rent. § 5.100.040 · code text Failure to pay rent. Tenant failed to pay rent within three days of receiving written notice from the landlord demanding payment as provided in subsection 2 of California Code of Civil Procedure section 1161. Breach of the rental contract. Applies: The tenant violated a material term of the rental agreement. § 5.100.040 · code text Breach of rental contract. Tenant violated a material term of the rental agreement as provided in subsection 3 of California Code of Civil Procedure section 1161. Conviction for illegal use of the unit, like drug dealing or illegal weapons, or a serious crime or violent felony. Applies: The activity happened during the tenancy within 1,000 feet of the unit; after written notice, the household can cure by removing that tenant. § 5.100.040 · code text Tenant illegal activities. Tenant has been convicted for using the dwelling unit for an illegal purpose as provided in subsection 4 of California Code of Civil Procedure section 1161, including but not limited to the unlawful distribution of a controlled substance as contemplated by California Civil Code section 3486, the unlawful use, manufacture, or possession of weapons and ammunition as contemplated by California Civil Code section 3485, or for of a serious crime or violent felony as defined by applicable law, which occurred during the tenancy and within one thousand feet of the dwelling unit. Threatening a crime that would cause death or great bodily injury. Applies: Made by tenant or agent to landlord or anyone on the property, meant as a threat, specific enough to cause reasonable sustained fear for safety. § 5.100.040 · code text Threat of violent crime. Any statement made by a tenant, or at his or her request, by his or her agent to any person who is on the property that includes the unit or to the landlord, or his or her agent, threatening the commission of a crime which will result in death or great bodily injury to another person Disorderly or nuisance behavior. Applies: The tenant continues after a written notice to cease and a reasonable time to stop or fix it. § 5.100.040 · code text Nuisance behavior. The tenant, after written notice to cease and the passage of a reasonable period of time to abate or cure, continues to be so disorderly or to cause such a nuisance as to destroy the peace, quiet, comfort, or safety of the landlord or other tenants of the structure or rental complex containing the dwelling unit.
Allowed no-fault reasons	Permanently removing the unit from the rental market. Applies: The landlord will imminently demolish the unit or otherwise permanently remove it from residential rental use, as state law allows. § 5.100.040 · code text Landlord will permanently remove unit from rental market. Landlord will imminently demolish the dwelling unit or otherwise permanently remove the dwelling unit from any residential rental use or purpose, in accordance with California Government Code sections 7060 - 7060.7. The landlord, or a parent or child of the landlord, moves in as a primary residence. Applies: They must move in within 3 months after the tenant leaves and live there at least 1 year. § 5.100.040 · code text Landlord, or one of landlord's parents or children, intends to move into and reside in the dwelling unit as his, her, or their primary residence. The dwelling unit must be occupied as the primary residence within three months of the tenant household vacating the dwelling unit, and the dwelling unit must continue to be occupied as the primary residence for at least one year. Substantial repairs for health and safety. Applies: The landlord has permits for substantial repairs that cannot be done while occupied, mainly to meet health and safety codes. § 5.100.040 · code text Landlord has obtained permits to undertake substantial repairs to the dwelling unit that cannot be completed while the dwelling unit is occupied. To qualify, such substantial repairs must be for the primary purpose of bringing the dwelling unit into compliance with applicable health and safety codes.

The California rule underneath

Where Marin County's rule above does not cover a situation, state law still applies. For the statewide rule on its own, see Just-cause eviction in California.

CA state law The statewide rule underneath
Just cause required	After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice Applies: Covered units only (§ 1946.2(e) exempts, among others, housing built in the last 15 years and single-family homes or condos not owned by a corporation or REIT when the tenant got the required notice). If new adult tenants joined before anyone reached 24 months, all tenants need 12 months or one needs 24. Civ. Code § 1946.2(a)
Chance to cure first	For a curable lease violation, the owner must first serve a notice to cure before a 3-day notice to quit Civ. Code § 1946.2(c)
Just cause — new construction exemption	Housing with a certificate of occupancy issued within the previous 15 years is exempt (rolling) Applies: Mobilehomes excepted. Civ. Code § 1946.2(e)(7)
Just cause law sunset	§ 1946.2 is repealed on January 1, 2030 unless extended Civ. Code § 1946.2(n)

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

Does a landlord in Marin County need a reason to evict?

County rule for unincorporated areas: eviction needs a listed cause, such as rent unpaid 3 days after written notice or a material lease breach. County rule: the landlord, or a parent or child, must move in within 3 months and live there at least 1 year.

Eviction and just cause in Marin County

Key points

What Marin County's code says

The California rule underneath

Who this affects

Frequently asked questions

Ask about a specific Marin County property

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