The City of Novato Tenant Protections Ordinance prohibits evictions unless the landlord has a just-cause reason listed under the law to do so. The ordinance also requires landlords to pay relocation assistance to tenants displaced for no-fault evictions, regulates buyouts, and prohibits certain landlord behavior.
Rent Increases under the City of Novato Tenant Protections Ordinance
Does the City of Novato have a rent increase ordinance?
No. The City of Novato does not regulate rent increases. However, Novato tenants may have rent control under the California Tenant Protection Act of 2019 (“California Rent Control”). For units covered by the rent-ceiling limitations of State of California rent control, a landlord may only increase the rent each year by 5% plus the annual percent change in the Consumer Price Index (“CPI”), up to a maximum of 10%. The California Tenant Protection Act applies to all units in the City of Novato that meet the requirements of state rent control. In general, your tenancy may fall under state rent control if you live in a multi-unit building that is at least fifteen years old and you have resided in the unit for at least one year. Please read our guide to determine if your unit is covered by State of California Rent Control rent ceiling protections.
Eviction Protections Under The City Of Novato Tenant Protections Ordinance
Does my landlord have to tell me if my tenancy is covered under the City of Novato Tenant Protections Ordinance?
Landlords must give covered tenants written notice of their rights under the ordinance by August 26, 2026. Novato, Cal. Mun. Code § 4-17.4(a). Landlords must also provide notice when (a) a lease is signed or renewed; (b) a landlord increases rent or makes a change to a tenancy term; (c) before the property is sold; and (d) within thirty days after a property is purchased. Id. The notice must be in English and Spanish. Novato, Cal. Mun. Code § 4-17.4(b). If the lease is in another language, or the tenant requests it, the landlord must also provide a translation. Id.
What happens if my landlord does not provide the required notice under the City of Novato Tenant Protections Ordinance?
A rental increase, lease change, or eviction notice is not valid unless the landlord has given the tenant the required notice of rights under the City of Novato Tenant Ordinance. Novato, Cal. Mun. Code § 4-17.4(c).
What units are covered under the City of Novato Tenant Protections Ordinance?
Most multi-family residential rental units covered under ordinance, regardless of when the building was constructed. Novato, Cal. Mun. Code § 4-17.3(a).
The ordinance does not apply to the following properties:
- Individually owned single-family homes, condominiums, and mobile homes.
- Single-family owner-occupied residences where the owner rents no more than two units or bedrooms, including accessory dwelling units.
- Rooms where the owner and tenant share a kitchen or bathroom.
- Transient and tourist hotel stays for less than thirty days.
- Hospitals, convents, monasteries, and care facilities and nonprofits for the elderly.
- Dormitories owned or operated by schools and colleges.
- On-site property manager units provided to an employee for free as part of their employment.
- A unit rented for less than twelve months that is the owner’s primary residence before and after the tenancy. Novato, Cal. Mun. Code § 4-17.3(c).
What are the just-cause reasons for eviction under the City of Novato Tenant Protections Ordinance?
A landlord must have just cause to terminate a tenancy covered by the City of Novato Tenant Protections Ordinance. Novato, Cal. Mun. Code § 4-17.5. There are two just cause categories: “at fault” or “no fault.” Id.
At-fault reasons:
- Failure to pay rent.
- Breach of written lease agreement.
- Nuisance.
- Failure to provide reasonable access of the unit.
- Waste.
- Subletting, unless the addition to unit is of the tenant’s spouse, domestic partner, child, parent, grandchild, grandparent, or the spouse or domestic partner as the number of occupants does not exceed the maximum number of occupants as determined under the Uniform Housing Code.
- Refusal to enter into a new or renewal lease with similar duration and terms.
- Criminal activity.
- Using the unit for an unlawful purpose.
- Failure to deliver possession of the unit after the tenant gives the landlord notice they are moving out. Id.
No-fault reasons:
- The landlord plans to demolish or substantially remodel the unit.
- An owner or their qualifying relative plans to move into the unit.
- The landlord plans to withdraw the property from the rental market.
- A government or court order requires the tenant to move out. Id.
What are the requirements for substantial renovation under the City of Novato Tenant Protections Ordinance?
The notice must describe the work and explain why it qualifies as a substantial renovation that requires the tenant to relocate. Novato, Cal. Mun. Code § 4-17.6(a). It must inform the tenant of the right to choose temporary or permanent relocation assistance. Id. If the tenant chooses temporary relocation, the tenant has the right to return to the unit at the same rent and terms. Id. The landlord must also provide copies of all required City permits to the tenant. Id.
What qualifies as a substantial renovation under the City of Novato Tenant Protections Ordinance?
A substantial renovation is work that prolongs the property’s useful life or increases its value. Novato, Cal. Mun. Code § 4-17.2(s). The renovation must require a City permit to replace or substantially change a structural, electrical, plumbing, or mechanical system, or involve removing hazardous materials as required by law. Id.
Can I return to my unit after the substantial renovation is complete under the City of Novato Tenant Protections Ordinance?
Unless a tenant chooses to permanently move out, the landlord must offer the renovated unit back at the same rent and terms and send a written offer within thirty days after the renovation is completed. Novato, Cal. Mun. Code § 4-17.8(a)(6).
What are the requirements for an owner or relative move-in under the City of Novato Tenant Protections Ordinance?
A landlord may evict a tenant so the landlord or a qualifying relative can move into the unit. Novato, Cal. Mun. Code § 4-17.5(c)(2). The landlord must be a person who owns at least 51% of the property. Novato, Cal. Mun. Code § 4-17.5(b)(1)(i). A corporation, trust, or estate does not qualify. In addition to the general notice requirements, an owner move-in eviction notice must also include the name of the new tenant and their relationship to the owner. Novato, Cal. Mun. Code § 4-17.7(b)(1).
Qualifying relatives are the landlord’s spouse, domestic partner, child, grandchild, parent, or grandparent. Novato, Cal. Mun. Code § 4-17.2(o). The landlord or relative must move in within ninety days after the tenant moves out and live there as their primary residence for at least twelve consecutive months. Novato, Cal. Mun. Code § 4-17.7(b)(2). A landlord cannot evict a tenant for an owner move-in if there is a similar unit in the building rented by a tenant who moved in more recently. Novato, Cal. Mun. Code § 4-17.7(b)(5).
If the owner or qualifying relative does not move in after the eviction, the owner must offer the unit back to the tenant at the same rent and pay the tenant’s reasonable moving expenses. Novato, Cal. Mun. Code § 4-17.7(b)(3). If a tenant declines, the owner must rent the unit to the next tenant at the same rate. Novato, Cal. Mun. Code § 4-17.7(b)(4).
What are the requirements for a withdrawal of the unit from the rental market under the City of Novato Tenant Protections Ordinance?
A landlord may evict a tenant to remove a unit from the rental market. Novato, Cal. Mun. Code § 4-17.7(c). In addition to the general notice requirements, the notice to the tenant must include the following statement:
“If this unit is offered for rent or lease again within two (2) years of the date the rental unit was withdrawn from the rental market, the landlord must offer you the opportunity to re-rent your unit with a renewed rental agreement containing the same terms as your most recent rental agreement at the rental rate that was in effect at the time you vacated (subject to legal, annual rent adjustments). You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance of the offer and provide an address to which an offer is to be directed. You must reoccupy the unit within thirty (30) days of notifying the landlord of your acceptance of the offer.” Novato, Cal. Mun. Code § 4-17.7(c)(1).
If the landlord removes the entire parcel, all units, from the rental market, the landlord must follow the requirements of the Ellis Act (Government Code section 7060 et seq.). Novato, Cal. Mun. Code § 4-17.7(c)(1) and § 4-17.7(c)(3).
Relocation Benefits Under The City Of Novato Tenant Protections Ordinance
When am I entitled to temporary relocation assistance for a no-fault eviction under the City of Novato Tenant Protections Ordinance?
A landlord must pay temporary relocation assistance to a tenant displaced because of a substantial renovation or government order, as long as the relocation was not caused by the tenant or a natural disaster. Novato, Cal. Mun. Code § 4-17.8(a)(7); 4-17.8(b)(7).
A tenant must continue paying rent to receive relocation assistance. Novato, Cal. Mun. Code § 4-17.2(j).
If the relocation is for fewer than 30 days, a landlord must pay $250 per day. Novato, Cal. Mun. Code § 4-17.8aA)(1); 4-17.8(b)(1); 4-17.8(c)(1). The amount increases each year by the percentage change in the Consumer Price Index or 4%, whichever is lower. Novato, Cal. Mun. Code § 4-17.8(c)(2). For a displacement for more than 30 but less than 180 days, the landlord must pay the tenant household one month’s rent and the difference between the rent the tenant was paying before the eviction and the fair-market rate. Novato, Cal. Mun. Code § 4-17.8(a)(2); 4-17.8(b)(2); 4-17.8(c)(1); 4-17.2(q). For a displacement exceeding 180 days, the landlord must pay the tenant household two times the fair-market rent for a similar unit type for displacement exceeding 180 days. Novato, Cal. Mun. Code § 4-17.8(a)(3); 4-17.8(b)(3). The fair-market rent is based on the rent published by the U.S. Department of Housing and Urban Development for the applicable year in Marin County. Id.; Novato, Cal. Mun. Code § 4-17.2(j).
Instead of temporary relocation assistance, a landlord may offer a comparable rental unit and pay the tenant’s moving expenses. Novato, Cal. Mun. Code § 4-17.8(f). The new unit must be in Novato, within fifteen miles of the tenant’s current unit, have a similar number of bedrooms and amenities, and cost no more than the tenant’s current rent. Id.
What if I do not want to return to my unit after a temporary relocation under the City of Novato Tenant Protections Ordinance?
A tenant may choose to move out permanently instead of temporarily relocating for a renovation or government order. Novato, Cal. Mun. Code § 4-17.8(a)(5); 4-17.8(b)(5). The tenant must give the landlord notice within 30 days of receiving the eviction notice or government order. Id. The landlord must then pay the tenant twice the fair-market rent for a similar unit within fifteen days. Id. Fair market rent is based on the rent published by the U.S. Department of Housing and Urban Development for the applicable year for Marin County. Novato, Cal. Mun. Code § 4-17.2(j).
When am I entitled to permanent relocation assistance for a no-fault eviction under the City of Novato Tenant Protections Ordinance?
For an owner or relative move-in, the landlord must pay one month of rent equal to the fair market rent for a similar unit. Novato, Cal. Mun. Code § 4-17.9(a)(1). For evictions based on removal from the rental market, the landlord must pay two months of rent for a similar unit. Novato, Cal. Mun. Code § 4-17.9(a)(2). Fair-market rent is based on the rent published by the U.S. Department of Housing and Urban Development for the applicable year for Marin County. Novato, Cal. Mun. Code § 4-17.2(j). The landlord must also pay the reasonable and documented moving expenses to vacate the unit. Novato, Cal. Mun. Code § 4-17.9(a)(1)-(2).
Can I waive my right to accept relocation assistance under the City of Novato Tenant Protections Ordinance?
A landlord may not ask a tenant to waive their right to relocation assistance. Novato, Cal. Mun. Code § 4-17.8(f).
Buyout Agreement Regulation Under The City Of Novato Tenant Protections Ordinance
What is a buyout agreement under the City of Novato Tenant Protections Ordinance?
A buyout agreement is a written agreement where a landlord and a tenant agree for the landlord to pay the tenant money to voluntarily move out of their unit.
What requirements must a landlord follow for buyout agreements under the City of Novato Tenant Protections Ordinance?
Landlords are required to provide a disclosure of rights to the tenant at least ten days before the buyout offer is made. Novato, Cal. Mun. Code § 4-17.10. The disclosure is to inform the tenant of the following:
- Tenant does not have to enter into a buyout,
- Tenant may consult with a lawyer,
- Tenant may rescind the agreement for up to 30 days after it has been signed, and
- Tenant may consult with the Legal Aid of Marin. Id.
Once the tenant signs and dates the disclosure and returns it to the landlord, the landlord may offer the tenant a buyout agreement. Id.
Prohibited Acts Under The City Of Novato Tenant Protections Ordinance
What acts are prohibited by a landlord under the Novato Tenant Protections Ordinance?
Landlords and their agents are prohibited from the following acts:
- Entering into an agreement or attempting to enforce an agreement with a tenant which prohibits or limits the tenant from participating in the city’s public process.
- Entering into an agreement or attempting to enter into an agreement with a tenant to waive their rights under the ordinance.
- Decreasing housing services or increasing rent or other service charges with the intent to retaliate against a tenant for the tenant’s assertion or exercise of under the ordinance.
- Removing from a unit personal property, furnishings, or any other items without the prior written consent of the tenant.
- Influencing or attempting to influence a tenant to vacate their unit through fraud, coercion, or threats of violence.
- Offering payments to a tenant to vacate within three months after the tenant has notified the landlord in writing that they do not want to receive further offers.
- Interfering with a tenant’s right to quiet use and enjoyment of their unit.
- Refusing to accept or acknowledge receipt of a tenant’s lawful rent payment actually received.
- Interfering with the right of tenants to organize and engage in concerted activities with other tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to tenants under the terms of their rental agreement; or distribute and post literature in common areas of the building informing other tenants of their rights and of opportunities to involve themselves in their project. Novato, Cal. Mun. Code § 4-17.11.
Penalties For A Landlord Who Violates The Law
Can I sue my landlord for violating the Novato Tenant Protections Ordinance?
Yes. Tenants can sue their landlord for wrongful eviction and for any other violation of the ordinance. Novato, Cal. Mun. Code § 4-17.12(b). A landlord will be liable to the tenant for their actual damages, reasonable attorney’s fees and costs, punitive damages, and for triple the tenant’s actual damages if the landlord acted willfully or with oppression, fraud, or malice. Id.
When To Call A Tenant Attorney
If you are a tenant who lives in the City of Novato and has questions about your rights under the City of Novato Tenant Protections Ordinance, or have questions about the State of California’s Tenant Protection Act, please call Tobener Ravenscroft LLP to speak with a tenant lawyer.
