Step 1: Check for local City and County laws that address tenant rights.
For rent increases, evictions, and relocation assistance, the first thing you MUST do is check to see if there are local ordinances that are more protective of the tenant than the Tenant Protection Act. If so, you must follow the local ordinance.
As a landlord, you must do some research and familiarize yourself with any local codes or ordinances for the City and County where your rental property is located.
Cities and Counties can enact local laws, often called Ordinances or Codes, that are more restrictive than the statewide California Tenant Protection Act. Meaning, these local laws are more protective of tenant rights and may expand coverage of the type of tenant or property, have different notice requirements, provide for more rental assistance, provide for tenant's right to renew tenancy, and/or add additional steps for a landlord such as registering any rent increases or evictions with a local housing agency.
You can use the website liked below to search for any local laws that apply to you as a landlord. If this link does not contain your County or City, please go directly to the City and County websites and look for the terms: municipal code, ordinances, laws.
Areas of San Diego with known tenant protections (as of 9/11/23) more restrictive than the California Tenant Protection Act:
Chula Vista Residential Tenant Protection §9.65
City of San Diego Municipal Code §§ 98.0701 through 98.0709 - see boxes below for more information. Throughout this guide we will be using the abbreviation of SDMC for San Diego Municipal Code.
An ordinance is “more protective” if it meets all of the following criteria:
• The just cause for termination of a residential tenancy under the local ordinance is consistent with Civil Code section 1946.2
• The ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other law; AND
• The local government has made a finding within their local ordinance that the ordinance is more protective than Civil Code section 1946.2.
If there is a local ordinance that governs, you must follow it. If there is not a local ordinance, continue on to Step 2 to determine if the California Tenant Protection Act applies to your tenant/property.
City of San Diego Local Ordinance
On May 16, 2023, San Diego City adopted the Residential Tenant Protections Ordinance (No. O-21647). This City law went into effect on June 24, 2023 and is now San Diego Municipal Code §§ 98.0701 through 98.0709.
San Diego Municipal Code §§ 98.0701 through 98.0709 is consistent with the California Tenant Protection Act, California Civil Code § 1946.2, by limiting the grounds for termination of a tenancy, requiring greater tenant relocation assistance in specified circumstances and provides additional tenant protections.
City of San Diego Ordinance is More Protective of Tenants than the State Tenant Protection Act
In contrast to the Tenant Protection Act, San Diego Municipal Code §§ 98.0701 through 98.0709 does not require a tenant to live in the rental property for twelve (12) months before the protections apply. San Diego’s residential tenant protections begin day one (1) of the lease. Additionally, another difference between the Tenant Protection Act and San Diego Municipal Code §§ 98.0701 through 98.0709 is the amount of relocation assistance provided for no-fault just cause evictions. Please see below for more information.
Notice to Tenant
Under San Diego Municipal Code § 98.0705(a), a landlord of residential rental property is required to provide to tenant: (i) a written notice; (ii) in no less than 12 point font; and (iii) in a manner that complies with California Civil Code § 1632, that states as follows:
“California law limits the amount your rent can be increased. See California Civil Code § 1947.12 for more information. Local law also provides that a landlord shall provide a statement of cause in any notice to terminate a tenancy. In some circumstances, tenants who are seniors (62 years or older) or disabled may be entitled to additional tenant protections. See Chapter 9, Article 8, Division 7 of the San Diego Municipal Code for more information.”
Additionally, as required by San Diego Municipal Code § 98.0705(a), a landlord of residential rental property shall include a copy of the Tenant Protection Guide with the written notice to provide to tenant.
NOTE: as a part of this notice you must also include the San Diego Housing Authority Tenant Protection Guide
Timing of Notice
Residential Tenancy existing before June 24, 2023: the notice required by S.D. Municipal Code § 98.0705(a) and the Tenant Protection Guide required by § 98.0705(b) shall be provided to the tenant directly or as an addendum to the lease within 90 days of June 24, 2023.
Residential Tenancy commencing or renewed on or after June 24, 2023: the notice required by S.D. Municipal Code § 98.0705(a) and the Tenant Protection Guide required by § 98.0705(b) shall be included in the lease, or as a written notice signed by the tenant at the time the lease is signed, with a copy provided to the tenant.
For notice requirements to terminate a tenancy, San Diego Municipal Code § 98.0704 states a landlord shall not terminate a tenancy without just cause. Just cause includes at-fault just cause and no-fault just cause.
NOTE: The City of San Diego also requires Notice to the San Diego Housing Commission for any termination of tenancy (at-fault and no-fault) within 3 business days of providing notice to the tenant. See SDMC 98.0706(a)(2) and 98.0706(b)(2). The requirement to register notice with the Tenant Termination Notice Registry becomes effective 30 days after the Commission establishes a submission portal and provides the public notice of its creation.
At-Fault Just Cause
If a landlord issues a termination notice for at-fault just cause (San Diego Municipal Code § 98.0706), the landlord shall do the following:
(1) Notice to Tenant. Before a landlord issues a notice to terminate a tenancy for at-fault just cause that is a curable lease violation, the landlord shall first give written notice of the violation including a description of the violation and an opportunity to cure the violation under California Code of Civil Procedure section 1161(3). 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.
(2) Notice to Commission. The landlord shall provide written notice to the San Diego Housing Commission of the at-fault just cause termination of tenancy under section 98.0704(a) no later than three business days after the date the landlord provided the required notice to tenant. Section 98.0706(a)(2) shall not apply until 30 days after the Commission establishes a submission portal and provides the public notice of its creation. The San Diego Housing Commission is expected to create the City of San Diego Eviction Notice Registry in the Summer of 2024.
No-Fault Just Cause
If a landlord issues a termination notice for no-fault just cause (San Diego Municipal Code § 98.0706(b)(1) & (2)) the landlord shall do the following:
(1) Notice to Tenant. The landlord must provide written 30- or 60-day notice to the tenant.
The notice to tenant must include: a description for the basis of the termination; the tenant’s right to relocation assistance through either direct payment or a rent waiver; and the tenant’s right to receive an offer to renew the tenancy.
If the owner is performing a no-fault just cause eviction for a substantial remodel or demolition and permits are required, there are additional notice requirements under San Diego Municipal Code section 98.0704(b)(4)(C). The landlord shall: (i) post at the residential rental property a copy of the application for the necessary permits within three business days of submittal of the application; and (ii) secure permits necessary for the demolition or substantial remodel of the residential rental property prior to issuing the written notice required in section SDMC 98.0704(b)(4)(D).
(2) Notice to Commission. The landlord shall provide written notice to the San Diego Housing Commission of the no-fault just cause termination of tenancy under section 98.0704(b) no later than three business days after the date the landlord provided the required notice to tenant. Section 98.0706(a)(2) shall not apply until 30 days after the Commission establishes a submission portal and provides the public notice of its creation. The San Diego Housing Commission is expected to create the City of San Diego Eviction Notice Registry in the Summer of 2024.
Relocation Assistance (under No-Fault Just Cause)
For no-fault evictions, pursuant to San Diego Municipal Code § 98.0706(c), the landlord must provide relocation assistance to the tenant by either: (a) direct payment to the tenant or (b) by a rent waiver.
If the landlord chooses to provide the tenant with relocation assistance in the form of direct payment, the notice must state the amount and that the landlord will provide payment within fifteen (15) days from the date of notice. San Diego Municipal Code § 98.0706(b)(1)(B).
Direct payment to the tenant shall be in an amount equal to two (2) months of actual rent. If the tenant is a senior or disabled, the direct payment to tenant shall be in an amount equal to three (3) months of actual rent. San Diego Municipal Code § 98.0706(c)(1)(A).
If the landlord chooses to provide the tenant with relocation assistance in the form of rent waiver, the notice must state the amount of rent waived and that no rent is due for the final corresponding months of the tenancy. Additionally, the rent waiver must be an amount equal to the applicable direct payment as set forth in San Diego Municipal Code § 98.0706(c)(1)(A).
Right to Receive Offer (under No-Fault Just Cause)
For no-fault evictions, pursuant to San Diego Municipal Code § 98.0706(b)(1)(C), the notice shall state the tenant’s right to receive an offer to renew the tenancy and thirty (30) days to accept the offer in the event the rental property is offered again within five (5) years of the date tenant was evicted under San Diego Municipal Code § 98.0704(b)(1)(3) or (4).