San Marcos · Renting & eviction
Renting in San Marcos: the rules that apply
San Marcos's rent rules cover only mobile home parks, so state law sets the rent cap for other covered units. The city has no rules of its own on just cause, relocation pay, notices or deposits.
Key points
- Rent increases: San Marcos's Mobilehome Rent Review Commission (Ch. 16.16) and charter Rent Stabilization (Art. IV) cover mobile home parks only.
- State rent cap: For other covered units, state law caps increases at 5% plus inflation or 10%, whichever is lower, over any 12 months.
- Just cause: San Marcos has no just-cause rule of its own; state law requires a just cause after 12 months on covered units.
- Relocation pay: San Marcos relocation pay follows state law: 1 month's rent within 15 calendar days of notice, for no-fault evictions on covered units.
- Ending a tenancy: State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there under 1 year.
Each rule below is marked San Marcos code or CA state law and links to the section it comes from (extracted October 2026). General information, not legal advice.
Rent increases
San Marcos has a related local rule: San Marcos Mobilehome Rent Review: Adopted 2023 Notice and Petition Procedures (city guidance); Mobilehome Rent Review Commission (Ch. 16.16); Rent Stabilization (Charter Art. IV). This page does not summarize it yet; read the text in the library. Where it does not apply, the state rule below does.
| Rent cap right now | 8.2% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.2% inflation) Applies: Covered units only. Inflation is the BLS consumer price index for the San Diego-Carlsbad area, March to March, as the statute requires; the figure is recomputed every year. |
|---|---|
| Statewide rent increase cap (AB 1482) | 5% plus the change in cost of living, or 10%, whichever is lower, over any 12 months Applies: Covered units only; measured against the lowest rent charged in the prior 12 months. |
| Number of rent increases | No more than two increases in any 12-month period |
| Rent cap — new construction exemption | Housing with a certificate of occupancy issued within the previous 15 years is exempt (rolling) Applies: Mobilehomes excepted. |
| Rent cap — single-family home or condo exemption | A home or condo that can be sold on its own is exempt when the owner is not a REIT, a corporation or an LLC with a corporate member, and the tenant was given the written exemption notice Applies: The same exemption applies to the just-cause rule (§ 1946.2(e)(8)). |
| Rent cap — owner-occupied duplex exemption | A duplex in one building is exempt when the owner lived in the other unit at the start of the tenancy and still does, unless either unit is an ADU or JADU |
| New tenancy resets the rent | When no prior tenant remains, the owner may set the initial rent; the cap applies to later increases |
| Rent cap sunset | § 1947.12 is repealed on January 1, 2030 unless extended |
Eviction and just cause
CA state law San Marcos 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
CA state law San Marcos 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
We found no San Marcos rule on this in the San Marcos 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. |
|---|---|
| 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 San Marcos 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 San Marcos 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 San Marcos 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 San Marcos 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 San Marcos 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 →
Hotel and short-term rental tax
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Other San Marcos rules on this
San Marcos's code also has these chapters. We have not summarized their values on this page yet; read them in the library.
- San Marcos Mobilehome Rent Review: Adopted 2023 Notice and Petition Procedures (city guidance)
- Mobilehome Rent Review Commission (Ch. 16.16) — mobilehome park spaces only
- Rent Stabilization (Charter Art. IV) — mobile home parks only
Who this affects
Frequently asked questions
How much can rent go up in San Marcos?
San Marcos's Mobilehome Rent Review Commission (Ch. 16.16) and charter Rent Stabilization (Art. IV) cover mobile home parks only. For other covered units, state law caps increases at 5% plus inflation or 10%, whichever is lower, over any 12 months. San Marcos also has a related rule: San Marcos Mobilehome Rent Review: Adopted 2023 Notice and Petition Procedures (city guidance); Mobilehome Rent Review Commission (Ch. 16.16) — mobilehome park spaces only; Rent Stabilization (Charter Art. IV) — mobile home parks only.
Does a landlord in San Marcos need a reason to evict?
San Marcos has no just-cause rule of its own; state law requires a just cause after 12 months on covered units.
Does a San Marcos landlord have to pay relocation?
San Marcos relocation pay follows state law: 1 month's rent within 15 calendar days of notice, for no-fault evictions on covered units.
How much notice does a San Marcos landlord have to give?
State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there under 1 year.
How much can a San Marcos landlord charge for a security deposit?
San Marcos has no local rule on this that we found (extracted 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)).
What is the hotel tax on short-term rentals in San Marcos?
San Marcos's code: 10% of the rent charged by the operator. (§ 3.16.030); The hotel operator collects the tax from the guest when the rent is paid. (§ 3.16.030).
General information, not legal advice.
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