Millbrae · Renting & eviction
Renting in Millbrae: the rules that apply
Millbrae has no rent control or just-cause rule of its own, so state law governs rent increases, eviction causes and notices. Its Condominiums chapter covers condominium conversions only.
Key points
- State rent cap: Millbrae has no rent control of its own; state law caps increases on covered units at 8.8% for increases taking effect August 1, 2026 through July 31, 2027.
- Cap limits: State law limits covered units to 5% plus inflation or 10%, whichever is lower, over any 12 months, with no more than two increases.
- Just cause: Millbrae has no just-cause rule of its own; state law requires a just cause after 12 months of lawful occupancy for 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.
- Condo conversions: Millbrae's Condominiums chapter covers condominium conversions only; for no-fault causes on covered units, state law requires one month's rent.
- Security deposit: State law caps deposits at one month's rent, or up to two for qualifying small landlords, returned within 21 calendar days after move-out.
Each rule below is marked Millbrae code or CA state law and links to the section it comes from (extracted October 2026). General information, not legal advice.
Rent increases
CA state law Millbrae 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
CA state law Millbrae has no rule of its own on this, so California law 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
Millbrae has a related local rule: Condominiums (§ 10.25.100) — condominium conversions only. This page does not summarize it yet; read the text in the library. Where it does not apply, the state rule below does.
| No-fault eviction relocation assistance | One month's rent (as relocation payment or rent waiver), paid within 15 calendar days of the notice Applies: For no-fault just causes (owner move-in, withdrawal from market, substantial remodel, government order) on covered units; regardless of the tenant's income. |
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Notices
We found no Millbrae rule on this in the Millbrae Municipal Code (extracted October 2026). The state rule below applies.
| 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. |
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| 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 Millbrae 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 Millbrae 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
CA state law Millbrae has no rule of its own on this, so California law applies. Lockouts and self-help eviction banned: A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out (Civ. Code § 789.3(b)). Utility shutoffs banned: A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out (Civ. Code § 789.3(a)). Tenant harassment and lockouts in California — the full state rule →
Repairs and habitability
CA state law Millbrae 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 Millbrae 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 →
Short-term rentals
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Hotel and short-term rental tax
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Other Millbrae rules on this
Millbrae's code also has these chapters. We have not summarized their values on this page yet; read them in the library.
- Condominiums (§ 10.25.100) — condominium conversions only
Who this affects
Frequently asked questions
How much can rent go up in Millbrae?
Millbrae has no rent control of its own; state law caps increases on covered units at 8.8% for increases taking effect August 1, 2026 through July 31, 2027. State law limits covered units to 5% plus inflation or 10%, whichever is lower, over any 12 months, with no more than two increases.
Does a landlord in Millbrae need a reason to evict?
Millbrae has no just-cause rule of its own; state law requires a just cause after 12 months of lawful occupancy for covered units.
Does a Millbrae landlord have to pay relocation?
Millbrae's Condominiums chapter covers condominium conversions only; for no-fault causes on covered units, state law requires one month's rent. Millbrae also has a related rule: Condominiums (§ 10.25.100) — condominium conversions only.
How much notice does a Millbrae 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.
How much can a Millbrae landlord charge for a security deposit?
State law caps deposits at one month's rent, or up to two for qualifying small landlords, returned within 21 calendar days after move-out.
Can I rent out my home short-term in Millbrae?
Millbrae's code: Yes, with a short-term residential rental permit. (Zones allowing it; houses, duplex, triplex, multifamily units, ADUs; applicant's primary residence; hosted, or nonhosted up to 100 nights if director approves.) (§ 10.05.1940); No limit on nights. (Hosted units.) (§ 7.30.070).
What is the hotel tax on short-term rentals in Millbrae?
Millbrae's code: 14% of the rent charged by the operator. (Hotel stays, since January 1, 2023.) (§ 3.30.030); Each operator collects the tax from every guest at the same time as the rent. (Hotel stays.) (§ 3.30.050).
General information, not legal advice.
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