Information and FAQ

This is usually a 3, 30, 60, or 90-day notice. 

• If the tenant moves out or complies before the notice expires, the case does not proceed. 

• If the tenant does not move out, the landlord can file an Unlawful Detainer (eviction case) in court.

After being served the Unlawful Detainer, the tenant has 10 court days to file an answer with the court. 

• If no response is filed, the landlord can request a default judgment. 

• A default judgment results in an eviction on the tenant’s record for 7 years.

This may be granted in cases of extreme hardship, allowing more time before move-out.

• The landlord can request a trial date within 20 days. 

• A Mandatory Settlement Conference (MSC) is scheduled for both parties to try to reach an agreement. 

• If the landlord and tenant reach an agreement, the case is usually dismissed and no eviction appears on the tenant’s record. 

• If the tenant wins at trial, they stay in the unit. 

• If the tenant loses, they must move out. The eviction remains on their record for 7 years.

The Sheriff will physically remove the tenant and change the locks 5 days after judgment.

• Leaking, damp ceilings or walls
• Plumbing issues
• Visible mold
• Rats, roaches, insects
• Falling plaster or peeling paint
• Defective electrical wiring
• No running hot or cold water
• No heat
• Inadequate trash collection
• Unsafe stairs or railing
• Inadequate security or locks
*This list is NOT exhaustive.

• Contact your town’s code enforcement (see below)
• Write a letter to your landlord requesting repairs
• File a lawsuit in Small Claims Court if necessary

Examples of local code enforcement contacts:

• Marin County: (866) 573-5417
• San Rafael: (415) 485-3097
• Mill Valley, Larkspur, Corte Madera, Fairfax, San Anselmo, Sausalito – see city websites

• Show the landlord failed to maintain habitable conditions
• Take photos and videos of the problem
• Save communications with landlord
• Prove defects are serious and substantial
• Show landlord was notified but failed to act

Phone: (415) 492-0230

Address: 1401 Los Gamos Drive, Suite 101, San Rafael, CA 94903

Website: www.legalaidmarin.org

 If your unit is covered by the Tenant Protection Act (TPA), rent can only go up by CPI + 5%.

Between Agosto 2026 and Julio 2027, the maximum rent increase for tenants covered by the TPA is 8.8% per year. This number will change in Agosto 2027.

• Units built within the past 15 years.
• School- or college-owned dormitories.
• Units covered by a stricter local rent cap.
• Mobile homes, although other state or local protections may apply.
• Owner-occupied duplexes where the owner lives in one unit for the entire tenancy, as long as the unit is not an accessory dwelling unit (ADU) or junior accessory dwelling unit.
• Certain individually owned single-family homes and condominiums, if the tenant received written notice that the TPA does not apply.

In some Marin municipalities, there is a more restrictive rent increase limit. Visit your municipality’s website for more information and use this tool to learn more: https://tenantprotections.org/calculator

1. Write to your landlord. Use this template
2. Speak to an Attorney
   If our office is unable to assist, we can provide attorney referrals.
3. Request mandatory mediation within 10 days of a rent increase (if in Unincorporated Marin, San Rafael, or Fairfax): Apply here

1. You get a notice (e.g. 3, 30, 60, or 90-day)
   
2. If you don’t move out, your landlord can file an Unlawful Detainer case
   
3. You have 10 court days to respond
4. If you don’t respond, the landlord may get a default judgment, and the eviction goes on your record for 7 years

• You’ll be scheduled for a Settlement Conference
  
• If resolved, case is dismissed
  
• If not, you go to trial

• If you win: You stay
• If you lose: You must move out, and the eviction stays on your record

• Don’t leave your home. Landlords must go through court.
  
• Try to pay the full amount before the deadline.
• After the deadline, landlords can refuse payment and proceed with eviction.

• Community Action Marin: (415) 526-7500
• Ritter Center: (415) 457-8182 x130
• St. Vincent de Paul: (415) 454-0366
• Adopt-a-Family Marin (families): (415) 456-7805
• North Marin Services: (415) 897-4147
• West Marin Services: (415) 663-8361

• Harass, threaten, or lock you out
  
• Cut off utilities
  
• Threaten to call ICE or demand unnecessary documents
• Ask for any additional documents