Owning or managing a rental property in San Diego now comes with a new layer of responsibility. The City has expanded its tenant protection laws, introducing stricter rules that change how landlords manage leases and handle tenant-related concerns.
These updates build on the California Tenant Protection Act but go further in defining what “fair housing” means within city limits.
For landlords, this isn’t just another policy update. It’s a shift that directly affects daily operations and long-term rental planning. Staying compliant means learning how the new ordinances work and making sure both your paperwork and tenant communication reflect those changes.
Let this article guide you through the latest updates and help you stay ahead of potential penalties or disputes.
Key Takeaways
- San Diego expanded its tenant protection laws in 2023, creating new responsibilities for landlords.
- Tenant protections now begin on the first day of tenancy.
- No-fault evictions must include written notice and relocation assistance.
- Major remodels require valid permits and must make the unit uninhabitable for 30 days or more.
- Realty Management Group helps landlords stay compliant and avoid costly violations.
Understanding the New Tenant Protection Ordinance
The San Diego Tenant Protection Ordinance, effective June 2023, covers most rental units and applies from the first day a tenant moves in. The law sets strict requirements for when a landlord can end a lease or rental agreement, how much notice is needed, and when financial assistance must be paid.
It builds on state law under the California Tenant Protection Act (AB 1482) but introduces stricter rules for no-fault evictions, substantial remodels, and owner move-ins. Unlike the state’s 12-month protection period, San Diego’s law protects tenants immediately.
When Can Landlords Evict Tenants?
The ordinance defines two main categories of eviction: at-fault and no-fault.
At-fault reasons include:
- Unpaid rent or repeated rent breach
- Lease violations such as property damage or criminal activity
- Failure to follow lease terms or maintain the primary residence
No-fault reasons include:
- Owner move-ins or use by a domestic partner or family member
- Withdrawal from the rental market
- Compliance with government or court orders
- Plans to substantially remodel the unit
To evict tenants for a no-fault reason, landlords must now meet additional requirements. They need to provide written notice and include relocation assistance along with the city’s tenant protection guide.
What Counts as a Substantial Remodel?
A “substantial remodel” means more than paint or minor repairs. It refers to major construction that requires a building permit and makes the unit uninhabitable for at least 30 days. The landlord must have valid permits before serving a termination notice.
If the remodel does not proceed as promised, or the landlord fails to complete it, tenants can file a claim under California Civil Code Section 1946.2. Courts can order the landlord to pay damages or allow the tenant to return to the unit.
Relocation Assistance Rules
The relocation assistance requirement is one of the most significant parts of the new ordinance.
- For no-fault evictions, landlords must pay the tenant the equivalent of two months’ rent.
- For elderly or disabled tenants, the payment increases to three months’ rent.
- Payment can be made in cash or as a rent waiver of the same value.
This must be paid before the tenant vacates. If the tenant fails to leave after proper notice, the landlord may recover those funds in court through an unlawful detainer action in California courts.
Eviction Process and Notice Periods
To comply with local laws, landlords must follow precise notice periods and documentation steps:
- Serve a written notice explaining the reason for termination.
- Attach the official Tenant Protection Guide from the San Diego Housing Commission.
- Include details of relocation assistance, if applicable.
- Report all evictions through the city’s online tracking system.
If the tenant does not pay rent, landlords may still proceed under state law, but the eviction notice must comply with both the California Civil Code and the San Diego Municipal Code. Errors in notice can result in the court dismissing the unlawful detainer case.
Lease Agreements and New Disclosures
Every new lease or rental agreement must include updated disclosures explaining tenant rights under local and state law.
For property managers and real estate investment trusts, this means updating templates, security deposit forms, and renewal packets. The rules also apply to rentals that accept housing subsidies or Section 8 vouchers.
Landlords should maintain records of rent payments, notice periods, and any lease violations to ensure compliance if a dispute arises.
Penalties for Violations
If a landlord violates the ordinance or fails to follow tenant protection laws, tenants may seek:
- Actual and relocation damages
- Up to three times the rent in penalties
- Attorney’s fees and court costs
Courts may also order landlords to reinstate the tenancy or re-offer the unit. Repeated violations may lead to civil penalties and reputational harm in the rental market.
How Tenant Protections Affect the Rental Market
These laws may seem complex, but they aim to stabilize San Diego’s rental housing market. Stronger eviction protections help prevent displacement, especially for low-income tenants and families who rely on affordable housing.
Here’s what they mean in practice:
- For tenants: The rules provide extra time and financial support when a landlord violates a lease or pursues a no-fault eviction.
- For landlords: Understanding these updates helps avoid legal disputes and unexpected costs tied to noncompliance. Partnering with a property manager familiar with local laws also ensures that notices, paperwork, and rental units remain fully compliant.
Why Work with a Professional Property Management Company
Navigating San Diego’s tenant protection laws can be overwhelming, especially for landlords managing several units or balancing other responsibilities. A professional property management company can simplify compliance and protect your investment by handling key responsibilities such as:
- Ensuring legal compliance: Property managers stay updated on all local and state tenant laws, making sure leases, notices, and disclosures meet current requirements.
- Managing documentation: They prepare and maintain accurate lease agreements, rent records, and eviction notices to prevent costly mistakes.
- Handling tenant communication: A management team serves as a professional point of contact, addressing tenant concerns and maintaining positive relationships.
- Coordinating maintenance and inspections: Regular upkeep helps properties meet city standards and reduces the risk of tenant complaints or legal issues.
- Improving rental performance: With better tenant screening, timely rent collection, and proactive maintenance, managers help reduce vacancies and stabilize income.
Partnering with a property management company allows landlords to focus on long-term goals while ensuring every aspect of their rental operation follows San Diego’s tenant protection ordinance.
Questions San Diego Landlords Are Asking
1. Do the new tenant protection laws apply to short-term rentals or vacation properties?
No. The ordinance applies mainly to long-term residential rentals. Short-term or vacation rentals booked for fewer than 30 days are generally exempt but must still follow city registration and safety requirements.
2. Can landlords raise rent under the new San Diego Tenant Protection Ordinance?
Yes, but increases must comply with the state rent cap under the California Tenant Protection Act (AB 1482). Landlords must also provide proper notice and ensure rent adjustments do not violate any local housing regulations.
3. What should landlords do if a tenant refuses to leave after receiving proper notice?
Landlords can file an unlawful detainer action in court. Before doing so, they must verify that every notice, form, and payment follows both California law and San Diego’s local ordinance to avoid case dismissal.
Adapting to San Diego’s Changing Rental Landscape
The city of San Diego’s new tenant protection laws have changed how landlords manage rentals. Adapting means more than revising leases. It requires understanding tenant rights and following each rule with care.
Landlords who stay informed can prevent disputes and keep their investments secure. Working with experts also reduces the risk of costly mistakes.
Realty Management Group helps landlords stay compliant and protect their properties. Their team handles local requirements, tenant notices, and city documentation.
Contact Realty Management Group today to keep your rentals compliant and your business running smoothly.
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