Santa Monica Rent Control in 2026: MAR, the 2.6% Adjustment, Excess Rent

Which units does Santa Monica rent control cover?

The charter covers all residential rental units in Santa Monica, including mobile homes, unless an exemption applies (Charter section 1801(c)). The main exemptions are:

• Units built after the law was adopted on April 10, 1979, other than units created by converting existing space.
• Owner-occupied buildings with three or fewer units, where an owner with at least a 50 percent interest lives on the property.
• Single-family homes that were not rented on July 1, 1984, and homes later exempted after two years of owner occupancy (section 1815).
• Hotel rooms rented to transient guests for under 14 days, and certain institutional and government housing.

Exemptions are not automatic. The owner must apply and the Board must grant them. The Rent Control office at (310) 458-8751 can tell you the status and the current MAR for your unit.

How do the maximum allowable rent and general adjustment work?

Your maximum allowable rent (MAR) is the most the landlord can charge for the unit. Under state law, an owner may generally set the starting rent for a new tenancy (Civil Code section 1954.53), and from then on the MAR rises only through the Board's annual general adjustment or an approved petition.

The general adjustment equals 75 percent of the rise in the Los Angeles area Consumer Price Index for the 12 months ending in March, and can be no less than 0 percent and no more than 3 percent. The Board may also impose a dollar cap (Charter section 1805(a) and (b)).

For 2026, the Board's form notice sets the adjustment at 2.6 percent, or a flat $70 if the old MAR is $2,674 or more. The increase takes effect 30 days after the owner serves the notice, and not before September 1, 2026. Conditions apply:

• It does not apply to a tenancy that started on or after September 1, 2025.
• The owner must certify that 2026-27 registration fees and any past fees and penalties are paid.
• The unit and common areas must have no uncorrected housing, health or safety citations.
• On top of the MAR, the owner may pass through $10 a month of the registration fee, and, for tenancies that began before March 1, 2018 on property not reassessed since then, certain property tax surcharges capped at $35 or 4 percent of the MAR, whichever is less.

Example: applying the 2026 adjustment

Example (hypothetical): two tenants in the same Ocean Park building each receive a 2026 notice.

If Unit 4's landlord charged $3,078 by applying the full percentage, the extra $8 a month would be excess rent. Small amounts add up: the Board can dismiss a complaint seeking less than $100, but it can be refiled once the total grows.

How can you recover excess rent in Santa Monica?

The charter gives tenants a choice between court and an administrative complaint with the Board (section 1809):

Once a Board hearing starts taking evidence, you generally cannot also sue for damages over the same period (Regulation 8021). A tenant cannot use a Board complaint for excess rent that is the subject of a civil lawsuit (Regulation 8023). For a statewide view of overcharge letters, see our rent overcharge demand letter guide.

The 30-day letter you must send before a Board complaint

Board Regulation 8022 requires you to serve the landlord a letter asking for reimbursement at least 30 days before filing a complaint. The letter must state the period and the amount of excess rent. If the landlord repays that amount, you cannot file a complaint for it.

1. Get your MAR history from the Rent Control office, by phone or email at rentcontrol@santamonica.gov.
2. Match every payment against the MAR plus allowed pass-throughs for each month.
3. Total the excess for the period you are claiming, within the three-year look-back.
4. Serve the letter and complete the Board's official proof of service form, signed under penalty of perjury.
5. Wait 30 days. If the landlord does not pay, file the complaint with copies of the letter, proof of service, leases, rent notices and receipts.
6. Check the file is complete. A complaint missing required information or attachments can be dismissed (Regulation 8022), and the Rent Control office at (310) 458-8751 answers questions.

What happens if the landlord never registered the unit?

A landlord who has not properly registered a controlled unit may not raise the rent at all until it does (Charter section 1803(q)). If the Board finds after a hearing that the failure was willful, it can authorize the tenant to withhold some or all of the rent until the unit is registered. Tenants can file a non-registration complaint with the Board, separate from an excess rent claim.

Evictions, owner move-ins and relocation fees

A landlord may evict from a controlled unit only for a reason listed in Charter section 1806, such as unpaid rent, an uncured lease violation, an owner or close relative move-in, or withdrawal under the Ellis Act. An owner move-in requires a natural person with at least 50 percent ownership, a good-faith move-in within 60 days, and two years of occupancy. It is barred against a tenant of five or more years who is 62 or older or disabled, or a tenant certified as terminally ill, unless the person moving in meets the same test.

The landlord must file a copy of any termination notice, other than a three-day notice to pay or quit, with the Board within three days. Attempting an eviction that violates the charter exposes the landlord to actual and punitive damages and attorney fees.

These fees under Municipal Code section 4.36.040 are updated each July 1. Statewide rules are covered in our relocation assistance guide. Two proposed charter amendments are on the November 3, 2026 ballot and are not law as of this writing. Measure RR would bar evictions for unpaid rent unless the amount owed exceeds a fair market rent threshold. Measure GG would affirm the city's just cause rules and change Board terms, the registration fee cap and petition timelines. Check the certified election result before relying on either.

When an attorney-written Santa Monica excess rent letter makes sense

A Santa Monica excess rent claim can involve years of MAR records, surcharges that may or may not be allowed for your tenancy, and a choice between the Board's capped remedy and a lawsuit with possible treble damages. An attorney-written letter can serve as the Regulation 8022 reimbursement request while setting out the month-by-month calculation and preserving your court options.

Through Talk to My Lawyer, a licensed California attorney writes your letter from your facts and documents (the Board's MAR history for your unit, your lease and your payment history) and sends it on your behalf. Before choosing between a Board complaint and court, talk to a lawyer about your facts.