Many landlords like yourself have felt a sense of whiplash in San Diego in recent years. The landscape for landlord-tenant law in California has shifted dramatically through the introduction of a series of new laws targeting tenant protection. In the last year alone, there’s been a new rule every few months for landlords to adapt to here.
Not only has California altered the state laws in numerous ways, but San Diego has also adopted citywide regulations as well. These laws affect the way you do business in most steps of the landlord-tenant cycle, but especially in how you handle screening and evictions.
So let’s talk about it. These are some of the most crucial recent changes to San Diego landlord-tenant law.
The San Diego Tenant Protection Ordinance
The Tenant Protection Ordinance was specifically designed to target a rising eviction rate in San Diego. It was introduced by Mayor Todd Glorida in 2023 and went into effect on June 24th of that year. Specifically, it was designed to incorporate the state eviction law AB 1482 which San Diego was exempted from on a technicality.
Who Does the Ordinance Apply To?
These eviction protections apply strictly to landlords and tenants of long-term residential rentals in San Diego. This includes tenants who receive Section 8 housing vouchers. It does not apply to other property types such as short-term rentals or tourist hotels.
What Protections Are Included?
The city ordinance restricts you from evicting a tenant without “just cause.” Just cause can refer to a multitude of “at-fault” and “no-fault” reasons to evict. Some of those reasons include:
At-fault evictions -
Failure to pay rent
Lease violations
Major property damage caused by the tenant
Criminal activity
Failure by the tenant to return a unit after delivering a written notice to vacate
No-fault evictions -
The landlord or their immediate family plans to take possession of the unit. This must be included in the lease agreement either initially or through an added provision in a renewed lease.
The landlord takes possession of the unit to take it off the market.
A court order or local ordinance demands the property be vacated.
A substantial remodel or demolition of the property is performed for at least 30 days and the tenant is given a copy of any permits and notice of termination.
You can find the whole list of just-cause eviction reasons here.
Other Considerations
You’ll have to keep different document requirements in mind depending on the type of eviction you are performing in San Diego.
With at-fault evictions, the landlord must provide a written notice of the violation to the tenant and give them an opportunity to correct it. If they do not correct it within the timeframe requested, you can serve the tenant with a three-day notice to vacate.
If you’re serving a no-fault eviction, you must provide the tenant with a written notice 30-60 days before the date the occupancy will end detailing the reason for the eviction. You must also include a statement indicating the tenant’s right to receive an offer to renew their tenancy if the property goes up for rent again within 5 years.
The final statement that must be included with no-fault evictions is to detail the tenant’s right to relocation assistance. This is a key difference between the San Diego specific tenant protections and state law. In San Diego, if the eviction is no-fault, you must provide the tenant with 2 months of relocation assistance or 3 months rent if they are a senior or have a disability.
Rent Caps and Security Deposits
Another aspect of California landlord-tenant law that AB 1482 targeted that does apply to San Diego is rental increases. This specifically applies to how much you can charge for rent with existing tenants when raising rent.
You can only raise rent twice per year at most. The total of these increases cannot exceed 5% plus the percentage change in local cost of living or 10%, whichever is lower. Cost of living is calculated by the Consumer Price Index (CPI). You can find San Diego’s CPI here.
Security deposits have also been modified by a new law this year. California AB 12 went into effect on July 1st, 2024 and limits how much you can charge a tenant for a security deposit. Security deposits in San Diego cannot exceed a value equivalent to one month’s rent for the property being leased.
Rental Application and Screening Laws
During your screening process, there’s a good chance you or your property manager will charge an application fee. As of 2024, there are also limitations on these application fees in the state of California. The limitations are annually adjusted based upon the CPI; the maximum amount you can charge is currently $65.37.
As for tenant screening itself, you still have the right as a San Diego landlord to perform background checks on your applicants. However, you must ask consent from the applicant prior to performing any background checks. There are also some key considerations to keep in mind when screening tenants that receive Section 8 housing vouchers.
Section 8 Screening Laws
California passed two laws recently that specifically target how you can handle applications from tenants who receive government housing assistance such as Section 8. The first of these is SB 329. Passed in 2020, this law states that landlords cannot deny an applicant for rental housing based on the applicant receiving housing vouchers such as Section 8.
Furthering this, SB 329 was passed in October of 2023 and provides even more rules for how you can handle Section 8 tenants. If you receive an application from a tenant who receives housing vouchers, you cannot use their credit report in your screening process. You must rely on other factors such as pay stubs, bank statements, or government benefit records.
Staying Ahead of the Curve with Your San Diego Rental Property
Landlord-tenant law in San Diego and the state of California have rapidly changed in the wake of the pandemic. Staying in touch and adapting your practices is key to improving upon yourself as a landlord and an investor. If you’re searching for better, local help in property management for this reason, we’re here to help.
Income Property Advisors, Inc. is family-owned and operated right here in San Diego. We always put our property owners first, and have the expertise necessary to keep up with changes in our wonderful city and the state as a whole. We offer services in residential property management, multifamily, and investment help.
See for yourself all the services we’re able to offer for your rental property’s success.
