Synopsis of County of Marin’s Eviction Protection Ordinance

The County of Marin has enacted an eviction protection ordinance that restricts evictions for most multi-unit properties situated in unincorporated Marin County.  Here is a synopsis of the eviction limitation provisions of the Ordinance. 

Registration Requirement

Landlords of properties in unincorporated Marin are required to register their property with the Housing and Federal Grants Division by January 1, 2023, and annually thereafter.  Failure to register constitutes grounds to invalidate any attempted eviction from a covered property. 

Covered Properties

The Ordinance applies to all properties in unincorporated Marin County that contain at least three dwelling units, except:

• Any dwelling unit owned operated or subsidized by any government agency

• Any dwelling unit located in a development where at least ½ of the dwelling units are subject to affordable rent standards set forth in California Health and Safety Code Section 50053

• Any residential accessory dwelling unit or junior accessory dwelling unit, or

• Any dwelling unit occupied by a tenant employed by the landlord for the purpose of managing the property.

Contents of Notice of Termination

A landlord seeking to terminate a residential tenancy must submit a Notice of Termination to the Tenant which demonstrates the following:

1. The Landlord possesses a valid business license;
2. The Landlord has previously provided the Tenant with the Notice of Tenant Rights of the as required by County Code
3. The Landlord served a Notice of Termination to the Tenant in the form required by County Code, and that the Landlord delivered a true and accurate copy of the Notice of Termination to the CDA Director within 10 calendar days of delivery to the Tenant(s);
4. The Landlord has not accepted and will not accept rent or any other consideration in return for the continued use of the Dwelling Unit beyond the term of the terminated tenancy;
5. The termination qualifies as a For Cause or No Fault termination, as defined in the Marin County Code;
6. The Landlord registered the Dwelling; and
7. The Landlord possesses a valid Permit to Operate issued by the Marin Environmental Health Services Division and has otherwise complied with applicable health and safety code sections.

Allowable Reasons for Eviction

The Ordinance specifies several permissible grounds for an eviction, including the following:

• Using the property for illegal activities
• Tenant’s failure to allow landlord access to the unit
• Landlord’s/immediate family member’s move in
• Removal of the unit from the rental market because of habitability/code enforcement issues
• Commission of a nuisance impacting the peace, quiet, comfort, or safety of the landlord or other tenants

(See Marin County Code section 5.100.040 for a complete list of permissible reasons for an eviction)

Please contact Lynx Legal with any questions regarding the above, and for all your eviction needs.  We can be reached at 888-441-2355 or info@lynxlegal.com.  You can also schedule a telephonic consultation on our website.  Our experienced professionals are standing by to answer any questions or complete the intake if you are ready to start a case.