Eviction and just cause in San Rafael: the local rules

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

What San Rafael's code says

San Rafael code What San Rafael's code adds
Allowed at-fault reasons	Not paying rent within 3 days after the landlord's written demand. § 10.105.040 · code text Tenant failed to pay rent within three (3) days of receiving written notice from the landlord demanding payment as provided in subsection 2 of California Code of Civil Procedure section 1161; Breaking a material term of the rental agreement. § 10.105.040 · code text Tenant violated a material term of the rental agreement so as to give rise to landlord's rights and obligations as set forth in California Code of Civil Procedure section 1161; Illegal use of the unit, including drug dealing, unlawful use, making or possessing weapons and ammunition, serious crime, violent felony. Applies: Crime occurred during the tenancy within 1,000 feet; after written notice, removing the offending tenant cures it, no more than once per 12 months. § 10.105.040 · code text Tenant has been 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 a serious crime or violent felony as defined by applicable law, which occurred during the tenancy and within one thousand (1,000) feet of the dwelling unit. Threatening a crime that would cause death or great bodily injury. Applies: Made to someone on the property or to the landlord or agent, specifically meant as a threat, causing reasonable sustained fear. § 10.105.040 · code text 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, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, Continued disorderly or nuisance behavior that disturbs the peace, quiet, comfort, or safety of others. Applies: After written notice to stop and a reasonable time to fix it. § 10.105.040 · code text 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 interfere with 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	The landlord will imminently demolish the unit or permanently remove it from residential rental use. § 10.105.040 · code text 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; Move-in by the landlord or their parent, child, sibling, aunt, uncle, niece or nephew as a primary residence. Applies: They must move in within 3 months after the tenants leave and live there for at least 1 year. § 10.105.040 · code text The dwelling unit must be occupied as the primary residence within three (3) 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 (1) year; Substantial rehabilitation for health and safety. Applies: Permits obtained; relocation benefits paid before termination, owed only for units in Census Tract 1122.01 (mapped areas) occupied 30+ days. § 10.105.040 · code text Landlord has obtained permits for a "Substantial rehabilitation for health and safety," as that term is defined by section 10.111.020. The tenant refuses a lease at the start, or refuses to renew on substantially similar terms. § 10.105.040 · code text Tenant refuses to accept a lease at the outset of the tenancy, or to renew a lease on terms substantially similar to the tenant's existing lease.

The California rule underneath

Where San Rafael'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 San Rafael need a reason to evict?

City rule: ending a tenancy needs a listed cause, such as rent unpaid 3 days after written demand or a qualifying family move-in.

Eviction and just cause in San Rafael

Key points

What San Rafael's code says

The California rule underneath

Who this affects

Frequently asked questions

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