Rent control
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Does rent control apply to my Tracy rental?
It depends on property type and age. Most multi-unit Tracy rentals built before 2009 are covered under AB 1482. Single-family homes and condos are generally exempt — but only if you provide the required written exemption notice at lease signing. Without that notice, the property is treated as covered even if it would otherwise qualify.
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How much can I raise rent in Tracy?
Under AB 1482, the cap is 5% + local CPI, with a hard ceiling of 10% per year. Tracy uses the SF Bay Area CPI region — check BLS.gov for the current figure before each increase. Two increases within a 12-month window are combined toward the cap.
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Does Tracy have its own rent control ordinance?
No. Tracy has not adopted a local rent control ordinance. AB 1482 is the only rent cap that applies here. This is actually simpler than cities like Sacramento or Oakland, where local ordinances layer on top of state law — in Tracy, you only need to follow one set of rules.
Security deposits
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How much can I collect as a security deposit?
As of 2024, the cap is generally 1 month's rent for unfurnished units. A limited small-landlord exception may allow up to 2 months for landlords who own no more than 2 residential properties with no more than 4 units total — verify your eligibility before collecting above the standard cap.
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What can I deduct from a security deposit?
Allowable deductions are unpaid rent, cleaning costs, and damage beyond normal wear and tear. Deductions must be itemized and accompanied by required photo documentation under AB 2801.
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What happens if I miss the 21-day deadline?
Missing the 21-day return deadline forfeits your right to make any deductions. In bad-faith cases, the tenant can sue for the full deposit plus up to 2x the deposit amount as a penalty. Always return the deposit — or the remainder with an itemized statement — within 21 days of the move-out date.
Evictions & notices
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Can I evict a tenant without cause in Tracy?
If the tenant has lived there 12+ months and the property is covered by AB 1482, you need a legally recognized just-cause reason. No-fault evictions (owner move-in, substantial remodel) are allowed but require a 60-day notice plus 1 month's rent in relocation assistance. For exempt properties, you can terminate with a 30-day notice (under 1 year) or 60-day notice (over 1 year) without stating a reason.
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What notice do I need to give before evicting?
For nonpayment or lease violations, a 3-day notice is standard. For no-fault terminations, it's 30 days for tenancies under 1 year and 60 days for tenancies over 1 year. Wording must be legally exact — even a minor error can invalidate the notice and require you to start the process over.
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How long does eviction take in San Joaquin County?
For uncontested cases, budget 4–8 weeks from filing to writ of possession at San Joaquin Superior Court. Contested cases — where the tenant files a response — can take 3–6 months or longer. Plan your timeline before serving notice.
Fair housing & disclosures
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Can I refuse a Section 8 tenant in Tracy?
No. California law makes source of income a protected class under FEHA. Refusing to rent to someone because they use a Section 8 housing voucher is illegal and can result in a DFEH complaint, civil penalties, and mandatory damages. You must apply the same screening criteria you would to any other applicant.
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What disclosures are required at lease signing?
At minimum: lead-based paint (pre-1978 properties), bed bug information (all tenants), mold if known, flood hazard if in a FEMA zone, and the Megan's Law database reference. If your property qualifies for an AB 1482 exemption, that must also be in writing at lease signing — without it the exemption doesn't hold even if the property would otherwise qualify.
