Just Cause for eviction in unincorporated Marin

Just Cause for eviction requires a landlord to have a valid reason to ask their tenant to move. This is called a "just cause". There are also specific procedures and requirements that must be followed for the eviction to be considered valid.

Please reference Marin County Municipal Code Section 5.100 and the Implementing Guidelines linked at the bottom of this page for more details.

Our Just Cause ordinance only applies to unincorporated Marin County. However, there are State and local protections, like Just Cause through State Law AB 1482 (the Tenant Protection Act), that may apply to you.

Properties that are covered by the County’s Just Cause for eviction law are those that: 

• Are located in unincorporated Marin County (outside cities). You can use our jurisdiction look-up tool to check where you live.
• Have at least 3 "dwelling units" on the "property". A "dwelling unit" can generally be understood as an apartment, a garage, a shed, a house, or part of any house, that a person uses as a home, residence or sleeping place. For example, if someone is renting rooms out of their house, each of those rooms is considered a dwelling unit. The definition of dwelling unit does not consider whether the unit is permitted. The Just Cause Implementing Guidelines define "property" as "a single legal lot or parcel".

More details about Just Cause applicability can be found in Marin County Municipal Code Section 5.100.020.

Units that count

Unoccupied, vacant, and owner-occupied units and those used as short-term rentals count toward a property’s total number of dwelling units. The following units are not to be included in any calculation to determine whether three or more dwelling units exist on a single property:

• Accessory Dwelling Units (ADUs);
• Junior Accessory Dwelling Units (JADUs);
• Units with government-subsidized rents;
• All units in developments where at least 49% of the units are restricted as affordable; and
• Units occupied by on-site property managers.

A unit is considered an ADU only if it has been permitted by the County. Unpermitted units are not exempt from Just Cause. Our Building and Safety Division can help you find out if a unit is recognized as an ADU. 

Areas outside unincorporated Marin

Our Just Cause ordinance only applies to unincorporated Marin County. However, there are State and local protections, like Just Cause through State Law AB 1482 (the Tenant Protection Act), that may apply to you.

There are different reasons why a tenancy can be terminated. These different reasons come with different noticing timelines. Reference Marin County Municipal Code Section 5.100.040 (b) and (c) for details about the list of identified just causes.

For cause

A landlord must provide a 3-day notice to fix an eviction reason, such as any of the reasons below. 

• Nonpayment of rent
• Breach of a material term of the lease
• Nuisance, waste, or using the unit for unlawful purposes
• Criminal activity on the premises or directed at the owner or its agent is grounds for eviction.
• Refusal to allow lawful entry

No-fault

A landlord must serve the tenant with a 30, 60, or 90-day notice for any of the “No fault” reasons below. 

• Owner move-in
• Intent to demolish or remodel the unit
• Withdrawal of the unit from the rental market
• The owner complying with a government order or local law that requires the tenant to leave 

• A landlord must give a tenant 120 days notice before removing a unit from the rental market.
• A "No Fault" termination requires at least 60 days notice if the tenant has lived in the unit for one or more years. Otherwise, 30 days notice is required.
• "For Cause" terminations must be made at least three business days before the intended final date of the tenancy. The tenant must be given notice and a chance to fix the problem, if applicable. 

The following prerequisites need to be met in order for the termination to be considered valid under Marin County Municipal Code Chapter 5.100. Prerequisites are listed in Section 5.100.040(a). If a prerequisite has not been met, the landlord must provide a new notice, with a new date, once all prerequisites have been satisfied.

1. The Landlord must possess a valid rental business license with the County Department of Finance.
2. The landlord must have a valid permit to operate with the County Environmental Health Services (if applicable).
3. The landlord must provide the tenant with a copy of the Notice of Tenant Rights.
4. The landlord must have the dwelling unit registered in the Rental Registry and comply with Marin County Municipal Code Section 5.100.080.
5. The landlord must provide the tenant with a notice of termination compliant with Marin County Municipal Code Section 5.100.050. The landlord must also provide a copy of the notice to the CDA director within 10 days of delivery to the tenant through the County's Rental Registry platform.
6. The landlord has not and will not accept rent or any other consideration in return for the continued use of the rental unit after the term of the terminated tenancy.
7. The termination qualifies as a For Cause or No-Fault termination.

If you received a termination notice and you're not sure it's valid, please contact us by email or phone at (415) 473-7309.

Our department can provide information about Just Cause requirements, but we can't provide any legal advice. If you need legal advice, please visit our Housing Help page for more information on available resources.