San Diego Rent Ordinance

While San Diego previously relied solely on the statewide Tenant Protection Act of 2019 (AB 1482) for just cause eviction and rent cap protections, the city has since adopted its own Residential Tenant Protections Ordinance that offers more protective measures than the state law.

San Diego's current local ordinance provides enhanced protections in several key areas:

JUST CAUSE EVICTION REQUIREMENTS

The local ordinance requires a "just cause" for eviction, which includes "at-fault" and "no-fault" reasons, and offers protections starting on day one of a tenancy (with a narrow exemption for fixed-term leases of three months or less). This is more protective than AB 1482, which generally requires a 12-month or 24-month occupancy before just cause protections apply.

  • At-Fault Just Cause: Includes reasons such as non-payment of rent, breach of a material lease term (after written notice and opportunity to cure), criminal activity on the premises, or refusal to allow lawful entry.

  • No-Fault Just Cause: Includes reasons such as an owner move-in (for the owner or immediate family), withdrawal from the rental market, a government order to vacate (for habitability), or intent to demolish or substantially remodel the property.

Relocation Assistance

For no-fault evictions, the local ordinance mandates a higher level of financial assistance than the state law:

  • Standard Tenant: 2 months of the tenant's rent in effect at the time the notice to terminate is issued.

  • Senior (62+) or Disabled Tenant: 3 months of the tenant's rent in effect at the time the notice to terminate is issued.

The relocation assistance must be paid within 15 calendar days of serving the notice to terminate. The landlord may, as an alternative, waive the final month's rent (which counts as the first month of assistance) and pay the remaining balance.

RENT CAP

San Diego does not have a separate local rent control measure that caps the amount a landlord can charge for rent. Therefore, the applicable limits are those established by California's Tenant Protection Act of 2019 (AB 1482) for eligible units.

Maximum Annual Increase: Rent increases are capped at 5% plus the percentage change in the regional Consumer Price Index (CPI), or 10% total, whichever is lower.

Property Exemptions

The local San Diego ordinance maintains many of the same property exemptions as AB 1482, meaning some rental units are not covered by the just cause or relocation assistance requirements, even in San Diego.

Key exemptions include:

  • Housing that has been issued a certificate of occupancy within the previous 15 years (a rolling exemption).

  • Single-family homes and condominiums that are alienable separate from any other dwelling unit, provided the owner is not a corporation, Real Estate Investment Trust (REIT), or an LLC with a corporate member, and the owner provides the tenant with a written notice of exemption in the lease agreement.

  • Owner-occupied properties where the tenant shares a bathroom or kitchen facility with the owner.

  • Duplexes where the owner occupied one unit as their primary residence at the beginning of the tenancy and remains in occupancy.


Peregrine Legal Group, PC, represents tenants throughout San Diego. Contact us to schedule a consultation.


City Website: https://www.sandiego.gov/citycouncil/cd9/housing-tenant-protections 


Disclaimer: This information is for general knowledge only and is not legal advice. For specific legal issues, you should consult with a qualified attorney or contact the Pasadena Rent Stabilization Department.