The City of San Diego Tenant Protections Ordinance prohibits eviction of a tenant unless the landlord has a legal basis, provides relocation benefits for no-fault evictions, and regulates buyouts.
Does the City of San Diego have an ordinance that limits rent increases?
No. The City of San Diego does not regulate the amount a tenant’s rent can be increased. However, San Diego tenants may have rent control under the California Tenant Protection Act of 2019 (“California Rent Control”). For units covered by the rent-ceiling limitations of State of California rent control, a landlord may only increase the rent each year by 5% plus the annual percent change in the Consumer Price Index (“CPI”), up to a maximum of 10%. The California Tenant Protection Act applies to all units in San Diego that meet the requirements of state rent control. In general, your tenancy may fall under state rent control if you live in a multi-unit building that is at least fifteen years old and you have resided in the unit for at least one year. Please read our guide to determine if your unit is covered by the State of California Rent Control rent ceiling protections.
What units have eviction protection under San Diego’s Eviction Protections Ordinance?
Tenancies for all units that are built more than fifteen years ago are covered by eviction protection in San Diego unless the tenancy falls under one of the below exemptions. San Diego, Cal. Mun. Code § 98.0703.
The ordinance does not apply to the following properties:
- Transient and tourist hotels.
- Short-term tenancies of less than 30 days, like Airbnb and VRBO.
- Leaseholds for a fixed term of three months or less.
- Affordable housing. This exemption does not apply to Section 8 Housing Choice Voucher subsidies.
- Mobilehomes covered by the Mobilehome Residency Law.
- Nonprofit hospitals, religious facilities, extended care facilities, elder facilities, adult residential facilities, nonprofit transitional housing, dormitories.
- Units where the tenant shares a bathroom or kitchen with the landlord in the landlord’s principal residence.
- Single-family homes occupied by the landlord as the landlord’s principal place of residence, including where the property has no more than two bedrooms, two accessory dwelling units, or two junior accessory dwelling units.
- Units on properties with two separate units within a single structure where the landlord has continuously occupied one of the units as a principal residence.
- Single-family homes, condominiums, and mobilehomes not in a mobilehome park, as long as the owner is not a real estate investment trust, a corporation, or an LLC that has a corporation as a member. These units are only exempt from eviction protection where the landlord provided written notice that then unit is exempt. For tenancies that existed before January 1, 2024, the notice may be provided in the lease, and for tenancies that commenced or where renewed after January 1, 2024, the notice must be provided in the lease. Id.
What are the just-cause reasons for eviction under the San Diego Residential Tenant Protections Ordinance?
A landlord must have a just-cause reason to terminate a tenancy in the City of San Diego. San Diego, Cal. Mun. Code § 98.0704. If a landlord does not have one of the permissible reasons for eviction, they cannot force a tenant out of their home.
The following are the just-cause reasons for eviction:
- Nonpayment of rent.
- Breach of a material term of a lease after a written notice to correct the breach.
- Maintaining, committing, or permitting a nuisance.
- Committing waste.
- Refusal to execute a written extension or renewal of a lease that is substantially similar to the prior lease.
- A criminal threat to a landlord or other tenant.
- Assignment or subletting in violation of the lease.
- Refusal to allow the landlord access to the unit.
- Use of the unit for an unlawful purpose.
- Removing an employee, agent, or licensee of the landlord.
- Failing to deliver possession after providing the landlord written notice of an intent to vacate or agreeing to a buyout of the tenancy.
- Owner or relative move in.
- Withdrawal of the unit from the rental market.
- Compliance with a government or court order relating to habitability that requires vacating the residential rental property.
- Demolition or substantial remodel.
Under the San Diego Residential Tenant Protections Ordinance, what does the landlord need to include in a breach of lease notice of violation?
Before a San Diego landlord issues a notice to terminate a tenancy for a curable lease violation, the landlord must give written notice of the violation including a description of the violation and an opportunity to cure. Id. If the violation is not cured within the time period in the notice, the landlord may terminate the tenancy without another opportunity to cure by serving a three-day notice to quit. Id.
Under the San Diego Residential Tenant Protections Ordinance, what are the requirements for an owner- or relative-move-in?
For a relative- or owner-move-in eviction in San Diego, the owner or their spouse, domestic partner, child, grandchild, parent, or grandparent must move in within 90 days of the tenant vacating and live in the unit for at least 12 months as a primary residence. San Diego, Cal. Mun. Code § 98.0704(b)(1).
For leases entered into after June 24, 2023, an owner or relative move in can only be done where the written lease agreement allows for it. Id. For tenancies in effect prior to June 24, 2023, the landlord may change the terms of the existing lease to allow for an owner or relative move in. Id.
Owner means a natural person that has at least a 25 percent recorded ownership interest or a natural person who has any recorded ownership interest if 100 percent of the recorded ownership is divided among relatives. San Diego, Cal. Mun. Code § 98.0702. An LLC or business partnership is considered an owner if closely held by a natural person. Id.
The owner or relative cannot move in if the owner or relative already lives in a unit on the property. San Diego, Cal. Mun. Code § 98.0704(b)(1). The owner or relative must also take advantage of a vacant, similar unit. Id.
The eviction notice must provide the names and relationships of the intended occupant. Id. It must state that the tenant is allowed to request proof that the person moving in is an owner or relative. Id.
If the owner or relative does not move in within 90 days and live in the unit for at least 12 continuous months, the owner shall offer the unit back to the displaced tenants at the same rent, paying all expenses the tenants incurred above the minimum moving allowance. Id. This requirement to offer the unit back does not apply where the owner or relative passes away. Id.
Do I have any protections from an owner or relative move-in eviction under the City of San Diego Tenant Protections Ordinance?
While some jurisdictions protect tenants from an owner or relative move-in if the tenant is elderly or disabled, the San Diego ordinance is silent on such protections.
What is required for government-order evictions and substantial-remodel evictions under the San Diego Residential Tenant Protections Ordinance?
A landlord can evict a tenant for compliance with a government or court order relating to habitability. San Diego, Cal. Mun. Code § 98.0704(b)(3). The work must be so substantial that the tenant is required to vacate for at least 30 days. Id. Tenants who are displaced for compliance with a government or court order, are entitled to relocation assistance, unless the tenant caused the habitability issues. Id.
A landlord can evict a tenant to demolish or substantially remodel a rental property. San Diego, Cal. Mun. Code § 98.0704(b)(4). Substantial remodel includes major replacements or modifications of structural, electrical, plumbing, or mechanical systems that require a permit and necessitate the tenant vacating the property for at least 30 continuous days. Id. It also includes the removal of hazardous materials such as lead-based paint, mold, or asbestos, in accordance with federal, state, and local laws. Id. Cosmetic improvements like painting or minor repairs do not qualify as substantial remodeling and cannot be grounds for eviction. Id.
If substantial remodeling requires eviction, the landlord must post a copy of the permit application at the property within three business days of submission and obtain all necessary permits before issuing a termination notice. Id. The termination notice must include a statement of the landlord’s intent to demolish or remodel the property, an offer to re-rent the unit to the tenant under the same terms if the work is not completed, and a description of the planned work and the expected duration or demolition date. Id. It should also include necessary permits or a contractor’s contract for hazardous material abatement, along with a statement explaining why the work cannot be done safely with the tenant in place, requiring vacating for at least 30 continuous days. Id.
Under the San Diego Residential Tenant Protections Ordinance, do tenants have the right to return following owner- and relative-move-in evictions, government-order evictions, demolition evictions, and substantial-remodel evictions?
For substantial remodel evictions and demolition evictions, a landlord must offer the tenant the opportunity to re-rent at the same rent if the work is not commenced or completed. San Diego, Cal. Mun. Code § 98.0704(b)(4)(d)(ii). The tenant must notify the landlord within 30 days of receiving the offer if they wish to accept it. Id. If accepted, the tenant must reoccupy the unit within 30 days of notifying the landlord of their acceptance. Id.
If a tenant is evicted due to an owner or relative move-in, a demolition or substantial remodel, or by a government agency or court order or local ordinance and the landlord re-rents the unit within five years of the date of termination of the tenancy, the tenant must be offered the unit back if the tenant provided the landlord a written notice within thirty days of the termination notice stating their desire to return and provided a current mailing address or email address. San Diego, Cal. Mun. Code § 98.0706(d).
The ordinance is silent on whether the tenant may return at the same rental rate. Instead, the ordinance gives the landlord a right to screen the tenant using industry standard methods. Id. Presumably, the screening is to determine whether the tenant qualifies to rent the unit.
The ordinance is also silent on a tenant’s right to return if the landlord re-rents the unit after a tenant was evicted for the just-cause reason of withdrawal.
Am I entitled to relocation assistance under the under the San Diego Residential Tenant Protections Ordinance?
Under the San Diego Residential Tenant Protections Ordinance Landlords must provide relocation assistance to tenants if the tenancy is terminated for no-fault reasons, including for an owner or relative move in, withdrawal of the unit from the rental market, compliance with a government or court order, demolition, or substantial remodel. San Diego, Cal. Mun. Code § 98.0706(c). This applies regardless of the tenant’s income or how long they have lived in the property. Id.
Landlords have two options for providing this assistance. Id. Landlords can make a direct payment to the tenant. Id. This payment should equal two months of the tenant’s current rent. Id. If the tenant is a senior or disabled, the payment should equal three months of rent. Id. Alternatively, landlords can choose to waive the rent for two months, as long as the amount waived is equal to the amount required for direct payment. Id.
Disability is defined as a physical or mental impairment that if left untreated would limit a major life activity. Id. Senior is defined as 62 or over. Id.
When multiple tenants occupy the property, landlords can make a single payment to all tenants named in the lease. Id. The relocation assistance required under the ordinance is additional to any security deposit or other amounts the landlord owes the tenant. Id. It can also be credited against any other relocation assistance required by federal, state, or local laws. Id.
If a tenant does not vacate the property after the notice period expires, the landlord can recover the relocation assistance amount as damages in an action to regain possession of the property. Id.
What are the requirements for a tenant buyout under the San Diego Residential Tenant Protections Ordinance?
Buyout agreement means an agreement where the landlord pays the tenant money or other consideration to vacate the residential rental property. A buyout agreement does not include an agreement to settle a pending unlawful detainer action.
Before making a buyout offer, San Diego landlords must provide tenants with a written disclosure. San Diego, Cal. Mun. Code § 98.0707. This disclosure must include a statement that tenants have the right not to enter into a buyout agreement, and it advises tenants to consult with an attorney. Id. It must also state that landlords are prohibited from retaliating against tenants who refuse to enter into or negotiate a buyout. Id. Additionally, tenants must be informed that they can refuse future buyout offers by providing written notice, effective for six months, with the option to rescind this refusal. Id. The disclosure must detail the tenant’s eligibility for minimum relocation assistance. Id. It must include the names of individuals authorized to discuss and enter into buyout agreements on behalf of the landlord, along with spaces for both the tenant and landlord to sign and date the disclosure form. Id. Landlords must provide tenants with a copy of the signed disclosure within three days and keep the form for five years. Id.
When drafting buyout agreements, San Diego landlords must ensure the agreement is in writing and provide tenants with a copy upon signing. Id. The agreement must include specific statements in bold, 14-point font near the tenant’s signature line, stating that the tenant has the right not to enter into the buyout and advising that if the tenant is entitled to relocation assistance under any law, a buyout agreement offering less is void. Id. It also must advise tenants to consult with an attorney before signing. Id. If negotiations occur in a non-English language, landlords must provide the agreement in both English and the negotiated language simultaneously. Id. Any buyout agreement not meeting these requirements is considered void. Id.
Under the San Diego Residential Tenant Protections Ordinance, can I sue my landlord for wrongful eviction or retaliation?
A tenant claiming a violation of the San Diego Residential Tenant Protections Ordinance may file a civil action against a landlord, property manager or other agent of the landlord. San Diego, Cal. Mun. Code § 98.0709. The tenant is entitled to injunctive relief, equitable relief, and money damages, including punitive damages. Id. A landlord or landlord agent who wrongfully evicted a tenant is liable for not less than three times actual economic damages. Id. Economic damages include the loss of the value of the rent-controlled unit. The lost rental value is calculated as the fair market monthly rental value of the lost unit less the actual rent paid by the tenant when evicted, times the number of years the tenant expected to stay in the unit. Chacon v. Litke, 181 Cal. App. 4th 1234 (2010) (upholding an award of three times, twenty years of projected lost rental value).
Any landlord who fails to provide relocation assistance shall be liable to the tenant for not less than three times economic damages. San Diego, Cal. Mun. Code § 98.0709.
In the court’s discretion, a landlord who wrongfully evicts shall be liable to the tenant for reasonable attorney fees and costs. Id.
Tenants should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney if they have any questions about their local laws or if they believe their landlord has violated the City of San Diego Tenant Protections Ordinance.
