Evictions are complicated because there are both state and local laws that need to be followed. When you decide to evict a tenant from your rental home, make sure you connect with an attorney so you don’t find yourself making a potentially expensive mistake.
This guide should help you prepare for the process and manage it with minimal confusion and worry. It’s always important that you try to avoid eviction when you can. There are often better solutions for you and your tenants, and if you can manage to get back on the right track, you’ll enjoy less disruption and frustration, as well as fewer expenses.
Eviction Law Updates for 2025
Assembly Bill No. 2347 (AB 2347) went into effect on January 1st, 2025. This law extends the time tenants have to respond to eviction notices from five to ten business days after the complaint is served on the tenant.
Just Cause Evictions in Marin County
On January 1, 2020, California’s AB 1482, the Tenants Protection Act of 2019, went into effect. AB 1482 is especially well-known for its rent control provisions, but the law also includes just cause requirements for eviction. This law applies to all local cities and towns in California that either do not have just cause policies of their own in place or have a less protective law on the books.
What does this mean for Marin County?
A handful of local jurisdictions have their own just cause eviction laws in place. These are unincorporated Marin, the Town of Fairfax, and the city of San Rafael. In those locations, the local just cause eviction provisions take precedence. In all other parts of Marin County, which includes Belvedere, Corte Madera, Larkspur, Mill Valley, Novato, Ross, San Anselmo, Sausalito, and Tiburon, are subject to the state law unless they’re otherwise exempt.
Are you exempt? Your property could be if it is:
- A condo or a single-family home, and you’re not an owner who is part of a real estate investment trust (REIT), a limited liability company (LLC), or a corporation.
- Duplexes where one of the units is occupied by the owner as their principal residence.
- Buildings constructed in the last 15 years.
Make sure you’re familiar with your local laws. In unincorporated Marin County, for example, you need to make sure your property is part of the rental registry. Otherwise, you won’t be able to lawfully evict or raise the rent at all.
As we discuss the eviction process, we’ll focus on what’s consistent across Marin County and California. There may be some nuances regarding specifics and details, but in general, these are the things you’ll need to know when evicting a single-family home in Mill Valley or an apartment unit in Fairfax.
Establish Your Reason for Eviction
When we talk about just cause eviction in Marin County and throughout California, we’re talking about your right to evict a tenant because of something they’ve done or not done. It is the opposite of a no-fault eviction (which is still possible but comes with restrictions). Just cause eviction reasons that are the most common:
- Non-payment of rent.
- Lease violations that are not cured.
- Criminal activity.
The full list of just cause eviction reasons includes:
- Creating a nuisance.
- Subletting the rental home in violation of the lease agreement.
- Using the property for an unlawful purpose.
- Causing property damage.
- Refusing to provide access to the landlord or maintenance personnel when necessary and notice has been given.
- Failure to vacate the property after the lease has ended and the tenant has not signed a renewal.
Most evictions in Marin County occur because a tenant has not paid rent and refuses to come to an agreement with the landlord on how to catch up.
No-fault evictions can occur when a landlord decides to move back into the property or when an immediate family member plans to move into the property. In this case, you will need to pay your tenant a relocation fee. You’ll also have to make sure you or your family member moves into the property within 90 days of the tenant vacating and that you or your family member stays in the home for at least a 12-month period.
Another reason for a no-fault eviction would be if you needed to make extensive repairs to your property, requiring your tenant to move out. Again, you’d have to pay a relocation fee, and you’d also have to offer your tenant the option to move back in once the renovations are complete.
Once you have identified the legal reason for your eviction, you’ll need to know the steps to take.
Here they are.
Service a Notice
You’ll need to provide the tenant with notice that you’re terminating the lease agreement and pursuing eviction. The type of notice you’ll serve will depend on your reason for eviction. Since most landlords are generally evicting for nonpayment of rent, we’ll talk about that notice in particular. When the grace period has come and gone, and your tenants have not paid the rent that is due, you’ll serve a Three Day Notice to Pay or Quit. The tenant will have three business days to catch up with rent or to move out of the property. Your notice must include:
- The reason that the lease is being terminated (nonpayment of rent).
- The total amount that’s due.
- How the payment should be made.
- When the payment must be made.
The exact service of notice can be executed through different legal methods:
- Direct hand delivery to the tenant.
- Leaving it with a responsible person at the tenant’s residence and mailing a copy.
- Posting on the property and mailing a copy when authorized by the court.
If those three days pass and the tenant neither pays rent nor moves out, you should contact an attorney and proceed with the eviction case.
File your Unlawful Detainer Action in Court
At this point, we recommend that landlords work with their attorney to complete the necessary paperwork and follow the required legal process. If any step is done incorrectly, the landlord must start over. To officially file an eviction action with the courts, you’ll need to submit the required documents, most notably the Summons and Complaint Forms. These documents must be served to the tenant, who will then have an opportunity to respond through the courts.
When the tenant does not answer, you’ll be able to ask the court for a default judgment, which will ultimately get you possession of your property. If the tenants do file a response, there will be a trial date scheduled.
At the trial, both the landlord and the tenant will have the opportunity to explain their position on the eviction. You should show up for this court date prepared with:
- A copy of your lease agreement
- A copy of your proof that the tenant should be evicted. For example, this might be your accounting statements that show rent was not paid.
- Any correspondence or communication between you and the tenant.
- A copy of your documents, including the Notice to Pay or Quit and the Summons and Complaint.
The judge will sign a Judgment of Possession when they have heard and seen enough evidence that the landlord has good reason to pursue the eviction and remove the tenant.
Obtaining a Writ of Execution
Once the Judgment of Possession is awarded, you will get a Writ of Execution from the clerk of the court. This can be delivered to the sheriff’s office, and they will proceed with the physical eviction.
At this point, the sheriff will serve the tenant with a Notice to Vacate. The Notice to Vacate orders the tenant to move out within five days. If the tenant doesn’t move out, the sheriff can physically remove the tenant and the tenant’s belongings from the rental.
What to Expect When Evicting in Marin County
The eviction process typically takes 30 to 45 days–however, with the extension from 5 to 10 business days, it is likely to take even longer. This delay can be frustrating for many landlords, especially when the process moves slowly. That’s why it’s essential to work with an experienced attorney. Having legal guidance ensures some distance between you and your tenant while keeping the process efficient and compliant with the law.
