Larkspur Rent Ordinance

The City of Larkspur Rent Stabilization Ordinance protects tenants from unjust evictions without a cause and from unreasonable rent increases. The law also provides relocation benefits for tenants who are evicted for a no-fault reason and prohibits landlords from harassing tenants. 

Who Has Just Cause Eviction Protection Under The Larkspur Just Cause And Tenant Protection Ordinance?

All tenants who have been in occupancy for at least thirty days have just-cause protection, except for tenants living in the following units:

1. Transient and tourist hotels, as defined in Civil Code section 1940(b).
2. Housing in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Cal. Health and Safety Code section 1569.2, or an adult residential facility.
3. Dormitories owned by a college or by a school for grades kindergartner to twelfth.
4. Units where a tenant shares a bathroom or kitchen with the owner who maintains a unit at the property as a principal residence.
5. Single-family, owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two bedrooms.
6. A duplex in which the owner has continuously occupied one of the units as a principal place of residence.
7. A unit permitted as an accessory dwelling unit or junior accessory dwelling unit.
8. Mobile homes.

Larkspur, Cal. Mun. Code §§ 6.30.030 and 6.30.080.

Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The City Of Larkspur Just Cause And Tenant Protection Ordinance?

The eviction protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the City Larkspur that are not covered by the City of Larkspur Just Cause and Tenant Protection Ordinance and that otherwise meet the requirements of state rent control eviction protections. If your Larkspur unit is one of the exempt buildings under the City’s ordinance, please read our guide to determine if your unit is covered by California Rent Control eviction protections.

What Are The At-Fault Just Causes For Eviction Under The Larkspur Just Cause And Tenant Protection Ordinance?

1. Breach of a material term in a lease, except for a breach of a unilaterally imposed new lease term, the addition of a dependent minor, or the addition of an approved additional occupant or approved replacement occupant. A landlord cannot unreasonably withhold consent for the additional occupant.
2. Maintaining, committing, or permitting the maintenance or commission of a nuisance.
3. Committing waste.
4. Refusal to sign a new lease with similar provision and a similar duration. 
5. Criminal activity directed at a tenant, cotenant, owner, or agent of the owner, provided that the crime is reported to the police. Only the tenant who committed the crime can be evicted, not the entire household. If there is no conviction, the tenant shall be offered the right to return to the unit.
6. Assigning or subletting in violation of the lease. One-for-one replacements of roommates are allowed, provided the tenant notifies the owner in writing and a reasonable amount of time for an objection has passed.
7. Refusal to provide access violation Civil Code section 1954.
8. Termination of a resident manager or other resident agent.
9. Failing to vacate after giving notice or accepting a buyout. 

Larkspur, Cal. Mun. Code § 6.30.040.

Does A Landlord Have To Give The Right To Cure A Lease Violation Before Serving An Eviction Notice Under Larkspur Just Cause And Tenant Protection Ordinance?

For curable lease violations, before issuing a formal eviction notice, a landlord must first give the tenant a notice to cease or correct. Larkspur, Cal. Mun. Code § 6.30.060. The notice must inform the tenant that failure to cure may result in the initiation of eviction proceedings and that the tenant has the right to request a reasonable accommodation. Id. The notice must be dated and be served personally. Id. It also needs to provide the contact number for the City of Larkspur. Id. Most importantly, the notice must include a specific statement of the reasons for the written notice to cease or correct with specific facts to help the tenant determine the dates, places, witnesses, and/or circumstances that support the reasons for the eviction. Id.

What Are The No-Fault Just Causes Under Larkspur Just Cause And Tenant Protection Ordinance?

1. An owner intending to move in or intending to move in a spouse, domestic partner, child, grandchild, parent or grandparent.
2. Withdrawal of the unit from the rental market pursuant to the Ellis Act.
3. Government or court order to vacate due to the conditions of the property. 
4. Intent to demolish or substantially remodel.

Larkspur, Cal. Mun. Code § 6.30.050.

What Are The Requirements For An Owner- Or Relative-Move-In Eviction Under The Larkspur Just Cause And Tenant Protection Ordinance? 

For tenancies started after 2023, owner or relative (landlord’s spouse, domestic partner, children, grandchildren, parents, or grandparents) move-in evictions are only allowed where the lease provides for the right to do an owner or relative move-in. Larkspur, Cal. Mun. Code § 6.30.050(A). The landlord or their relative must reside in the unit for at least twelve months. Id. If the landlord seeks to rent the unit within twelve months of the tenant vacating, the displaced tenant shall have the right to return at the same rent they were paying at the time of the eviction. Id.

Tenants who have resided in the unit for at least one year are entitled to a 60-day vacate notice, and tenants who have resided in the unit for least than one year are entitled to a 30-day vacate notice. Cal. Civ. Code § 1946.1.

What Are The Requirements For An Ellis Act Eviction Under The Larkspur Just Cause And Tenant Protection Ordinance? 

An Ellis Act eviction means that the landlord is withdrawing the building from the rental market and going out of the landlord business. This means that all tenants in the building must be evicted, not just one unit. 

Households shall be given a 120-day vacate notice. Larkspur, Cal. Mun. Code § 6.30.050(B). The notice shall be extended to one year if a tenant in the household is at least sixty-two years old, disabled, or terminally ill. Id. Disabled is likely defined as a psychological or mental impairment that if left untreated would limit a major life activity. Id. Terminally ill requires a doctor’s note. Id.

What Is Meant By “Substantial Remodel” Under The Larkspur Just Cause And Tenant Protection Ordinance?

“Substantial remodel” means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least thirty days. Larkspur, Cal. Mun. Code § 6.30.050(D). Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as a substantial remodel. Id.

Do I Have The Right To Move Back In Or To Another Unit When I Am Evicted For Substantial Remodel Under The Larkspur Just Cause And Tenant Protection Ordinance?

Tenants have the right to reoccupy following substantial remodel. Id. If the landlord re-lets the unit within twelve months, the tenant shall have the right to return at the same rent. In addition to this, at the time of the service of an eviction notice for substantial remodel or demolition, a landlord must offer a vacant comparable unit at a comparable rent and give the tenant sixty days to occupy the unit. Id.

Am I Entitled To Monetary Relocation Payments Under Larkspur Just Cause And Tenant Protection Ordinance?

For all no-fault evictions, a household must be given relocation benefits of three months rent or $5000, whichever is greater. Larkspur, Cal. Mun. Code § 6.30.070. A household with a tenant of twelve or more months who is sixty-two years old or older, disabled, or terminally ill will be entitled to an additional $3000. Id.

Disability is defined as a physical or mental impairment that if left untreated would limit a major life activity. Id. The relocation must be paid within fifteen days after service of the eviction notice. For evictions due to government order, no relocation shall be owed to tenants who caused the habitability issues that lead to the displacement. Id. If the household does not vacate before the expiration of the eviction notice, the landlord can seek reimbursement of the relocation in an unlawful detainer action. Id.

Are There Any Special Requirements For Lease Agreements Under Larkspur Just Cause And Tenant Protection Ordinance?

All leases entered into after 2023 in Larkspur must have the following language in twelve-point font:

“The Larkspur Municipal Code provides that after all of the tenants have continuously and lawfully occupied the property for at least thirty (30) days, an owner must provide a statement of cause in any notice to terminate a tenancy. In addition, Larkspur Municipal Code provides tenants evicted for no-fault just cause with the right to relocation payments. See Chapter 6.30 of the Larkspur Municipal Code for more information.” Larkspur, Cal. Mun. Code § 6.30.100(C).

Does The Larkspur Just Cause And Tenant Protection Ordinance Protect Against Harassment? 

It is illegal for an owner or representative to retaliate against a tenant for lawfully and peaceably exercising their legal rights under the Larkspur Just Cause and Tenant Protection Ordinance, including, but not limited to, the right to file a complaint with code compliance. Larkspur, Cal. Mun. Code § 6.30.110. No owner may take any action increasing any rental amount, reducing any service, causing the tenant to involuntarily quit the premises, or discriminating against the tenant because of the tenant’s use of any remedy under the Larkspur Just Cause and Tenant Protection Ordinance. Id.

What Units Are Covered By The Rent Limitations Of The Larkspur Rent Stabilization Ordinance?

All units are covered by the rent limitations of the Larkspur Rent Stabilization Ordinance except:

1. Single-family homes and condominiums that are not owned by a real estate investment trust, a corporation, or a limited liability company with at least one corporate member. To be exempt from rent limitations, owners of such single-family homes and condominiums must put the following language in the lease: “This property is not subject to the rent limits imposed by Larkspur Municipal Code Chapter 6.20, and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
2. All units built after February 1, 1995.
3. Dormitories owned by a college or by a school for grades kindergartner to twelfth.
4. Below market rate units or other affordable housing units for families of low income.
5. A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. 
6. A unit in a hotel, motel, inn, tourist home, or rooming and boarding house which is rented primarily to transient guests for a period of less than thirty days, and other transient occupancies as defined in Civil Code section 1940(b).
7. A unit in an institutional facility, including a hospital, medical care facility, residential care facility, asylum, group home for seniors or the disabled; a rental unit in a transitional housing program that assists homeless persons as defined in Civil Code Section 1954.12.
8. A convent or monastery owned and operated by a religious organization.
9. A fraternity or sorority house affiliated with a college or university.
10. A unit that the owner or the owner’s immediate family occupied as their principal place of residence at the beginning of the tenancy so long as the owner or the owner’s immediate family continues in occupancy.
11. A unit permitted as an accessory dwelling unit or junior accessory dwelling unit.

Larkspur, Cal. Mun. Code § 6.20.070.

Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The City Of Larkspur Rent Stabilization Ordinance?

The rent-ceiling protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the City of Larkspur that are not covered by the City of Larkspur Rent Stabilization Ordinance and that otherwise meet the requirements of state rent control. If your Larkspur unit is one of the exempt buildings under the City’s ordinance, please read our guide to determine if your unit is covered by California Rent Control rent caps.

What Is The Maximum Rent Increase Per Year Under The Larkspur Rent Stabilization Ordinance?

The maximum rent a landlord can charge for a unit covered by the Larkspur Rent Stabilization Ordinance is five percent plus the Consumer Price Index for all urban consumers in the San Francisco-Oakland-Hayward or seven percent, whichever is lower. Larkspur, Cal. Mun. Code § 6.20.040. A landlord cannot issue more than one rent increase in any twelve-month period.

Landlords may petition the Larkspur Rent Board to get a higher rent increase. Larkspur, Cal. Mun. Code § 6.20.060. To get a higher increase the landlord must show that the property is not generating a fair return. Id. The Rent Board will determine whether the landlord is making a fair return based on factors such as capital improvements or rehabilitation work, changes in property taxes, changes in total rent paid to the owner, changes in unreimbursed utility charges, operating and maintenance expenses, the need for repairs, and the amount and quality of services provided by the owner to the affected tenants. Id.

No rent increase shall be effective if the owner fails to provide notices that the unit is covered by rent control or if the owner is failing to maintain the property. Larkspur, Cal. Mun. Code § 6.20.080. Failure to maintain can be shown by a violation of Civil Code sections 1941.1 et seq. or California Health and Safety Code sections 17920.3 and 17920.10. Id. An open notice of violation or a court designation can also be grounds to nullify a rent increase. Id. 

Can I Sue My Landlord For Wrongful Eviction, Harassment Or Other Violation Of The Larkspur Just Cause And Tenant Protection Ordinance?

A tenant may sue a landlord for violating any portion of Larkspur Just Cause and Tenant Protection Ordinance. Larkspur, Cal. Mun. Code § 6.30.120. The landlord shall be liable for economic and emotional damages, costs, and reasonable attorney fees. Id. Treble damages shall be awarded for willful failure to comply with the relocation payment obligations established by this chapter. Claims must be brought within three years. Id.

Can A Tenant Sue For A Violation Of The Larkspur Rent Stabilization Ordinance?

A tenant may recover triple any rent that a landlord intentionally demands, accepts or retains in violation of the Larkspur Rent Stabilization Ordinance. Larkspur, Cal. Mun. Code § 6.20.100. The tenant may also recover reasonable attorney fees and costs. Id.

Tenants should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney if they have any questions about their local laws or if they believe their landlord has violated the new City of Larkspur Rent Stabilization Ordinance or the Just Cause and Tenant Protection Ordinance.