City of San Diego Residential Rental Housing Providers Resources

California Tenant Protection Act

The California Tenant Protection Act (TPA), also known as AB 1482, went into effect in January 2020. The law limits how much a property owner or manager can increase rent in a 12-month period. Rent increases in any 12-month period are limited to 5% (percent) plus the change in inflation as measured by the Consumer Price Index (CPI-U) for the area which the property is located. 

The law also provides Just Cause protections for renters. Local jurisdictions may adopt Just Cause ordinances so long as they provide more protections for tenants. The City of San Diego is one such jurisdiction. Read on to learn more about the city's ordinance.

Click here to learn more about the Tenant Protection Act.

The City of San Diego Residential Tenant Protections Ordinance 

San Diego City Council President Sean Elo-Rivera and Mayor Todd Gloria proposed the City of San Diego Residential Tenant Protections Ordinance. The San Diego City Council adopted the ordinance (No. O-21647) on May 16, 2023. San Diego Mayor Todd Gloria signed the adopted ordinance on May 25, 2023. This City law went into effect on June 24, 2023. It is now San Diego Municipal Code sections 98.0701 through 98.0709. 

Under this City law, the City is responsible for oversight of the ordinance, including enforcement and policy development. 

The ordinance requires the San Diego Housing Commission (SDHC) to create a Tenant Protection Guide. This guide provides educational information and resources to help residential tenants understand their rights under City and State law. It is for informational purposes only. The Tenant Protection Guide does not provide legal advice or direction.

The City of San Diego has prepared Frequently Asked Questions and educational information and resources to help residential rental housing providers understand City and State law.

Residential renters and landlords should consult with their own, respective legal representatives or advisors. It is for informational purposes only and does not provide legal advice or direction.

Click here to access the City's Tenant Protection Ordinance.

CITY OF SAN DIEGO RESIDENTIAL TENANT PROTECTIONS ORDINANCE: FREQUENTLY ASKED QUESTIONS DISCLAIMER: THIS FREQUENTLY ASKED QUESTIONS (FAQ) HAS BEEN PREPARED TO ASSIST TENANTS AND LANDLORDS IN UNDERSTANDING THE RIGHTS AND OBLIGATIONS OF PARTIES AS A RESULT OF THE PASSAGE OF ORDINANCE O-21647. IT IS IMPORTANT TO NOTE THAT IF ANYTHING STATED IN THIS FAQ MAY APPEAR TO VARY OR CHANGE THE ACTUAL LANGUAGE OF ORDINANCE O-21647, THAT IS NOT LEGALLY PERMISSIBLE AND THE ACTUAL LANGUAGE OF THE ORDINANCE SHALL PREVAIL IN ALL CASES.

1.  What notification(s) must be provided to tenants to comply with the ordinance?  Per section 98.0705(a), the ordinance requires mandatory notification to residents. The language is prescriptive and must be provided in writing in no less than 12-point font. It is important to note that the notice required differs from that required by California Law (The Tenant Protection Act/AB 1482). Housing providers must also provide residents with a copy of the Tenant Protection Guide when providing the notice.

2. Can the Tenant Protection Guide be provided electronically? The City of San Diego Residential Tenant Protections Ordinance O-21647 (ordinance) provides that the notice required under section 98.0705(a) must be in writing and the copy of Tenant Protection Guide under section 98.0705(b) must be included with the notice. The Tenant Protection Guide must be provided to the tenant in the same written format as the notice required under section 98.0705(a). 

3. I am a single-family home rental provider exempt under section 98.0703(l).  When must the notice required by section 98.0703(I)(2) be included in a lease? Leases beginning or renewed on or after January 1, 2024, must include the required notice in the lease in order to claim the exemption under section 98.0703(l).  For a tenancy existing before January 1, 2024, the notice required under section 98.0703(l) should be provided at or before the time of the legally required notice of termination of tenancy. The exemption notification language is specific to the City of San Diego; exemption notification that complies with California Law alone is not compliant with the City Ordinance.

4. For the purposes of section 98.0704(b)(4), abatement of hazardous material may not always require a permit from a government agency.  Does abatement of hazardous material meet the definition of a substantial remodel? If applicable federal, state, or local laws or regulations do not require permits to abate the hazardous materials in the residential rental property, the landlord may issue a termination notice that complies with the remaining requirements in section 98.0704(b)(4)(C) – namely the certification under penalty of perjury stating the reason for termination, the type and scope of the work to be performed, why the work cannot be accomplished in a safe manner with the tenant in place, and why the work requires the tenant must vacate for at least 30 days. See the full ordinance for additional requirements upon Termination of Tenancy.

5. Am I required to provide relocation assistance to my tenant? Yes. Properties subject to the ordinance must provide relocation assistance when terminating tenancy for No-Fault Just Cause:

 ‒ Direct Payment:

  • Equal to two months of actual rent under the Tenant’s lease in effect at the time of the notice of the no-fault just cause termination of tenancy.
  • For senior or disabled Tenants, the direct payment to the Tenant shall be equal to three months of actual rent under the Tenant’s lease in effect at the time of the notice of the no-fault just cause termination of tenancy.
  • If more than one tenant occupies the property, the Landlord may provide a single direct payment to all Tenants named in the lease instead of separate direct payments to each Tenant.

‒ Rent Waiver:

  • Landlord shall waive and not collect rent due or future rent under the Tenant’s lease at the time of the notice of the no-fault just cause termination of tenancy  and through the rest of the tenancy.
  • The amount of rent waived will be equal to the amount of the applicable direct payment (two or three months of actual rent, as noted above). The rent waiver is instead of the direct payment.

‒ Security Deposits:

  • Landlord is still responsible for returning any deposit or security amount to the Tenant based on the terms of the lease. The Relocation Assistance does not remove or take the place of that requirement.

 ‒ Other Relocation Assistance:

  • The Relocation Assistance required by the Residential Tenant Protections Ordinance shall be credited against any other relocation assistance required by federal, state or other local law.

‒ Tenant Failure to Vacate:

  • If a Tenant does not vacate the residential rental property after the date required by the notice of the no-fault just cause eviction, the Landlord may recover the actual amount of relocation assistance provided. This amount may be recovered as damages in a legal action to take possession of the rental property.

6. Am I required to provide a written notice to my tenant to terminate tenancy? Yes, a Landlord is required to provide written notice to the Tenant when terminating tenancy. Notice to Terminate Tenancy should comply with California and City of San Diego law.

At-Fault Just Cause with a lease violation that can be corrected:

  • Landlord provides written notice of the violation to the tenant that describes the violation and the opportunity to correct it.
  • If the violation is not corrected within the time stated in the notice, the landlord may end the tenancy by serving a three-day notice to quit.

No-Fault Just Cause:

Landlord provides written notice to the Tenant:

  • No smaller than 12-point font
  • 30 or 60 days before the proposed date for the tenancy to end, based on State law (California Civil Code 1946.1)
  • Description of the reason for terminating the tenancy.
  • Statement of the Tenant’s right to relocation assistance (direct payment to the tenant or a rent waiver)
  • Direct Payment or Rent Waiver: Notice will state the amount of the relocation assistance payment and that the Landlord will provide the payment within 15 days of the date of the notice. If Rent Waiver is chosen, notice will state the amount of rent waived and that no rent is due for the final corresponding months of the tenancy.
  • Statement of the Tenant’s right to receive an offer to renew the tenancy and 30 days to accept the offer if the residential rental property is offered again for rent or lease within five years of the eviction.
  • To use this right, the Tenant shall notify the Landlord in writing within 30 days of the notice to end the lease that the Tenant desires to receive an offer to renew tenancy.
  • The Tenant shall also provide the Landlord a mailing address or email address for the Landlord to send the offer and will provide the Landlord a change of mailing address or email address.

7. To whom does the City law apply? The Residential Tenant Protection Ordinance applies to residential renters and landlords in the City of San Diego. This includes housing where the tenant receives federal Section 8 Housing Choice Voucher rental assistance.

The City law states that its requirements do not apply to specific types of properties in the City:

(a) transient and tourist hotel occupancy as defined in California Civil Code section 1940(b), as may be amended;

(b) short-term residential occupancy, as defined in and subject to Chapter 5, Article 10, Division 1 of this Code, as may be amended;

(c) housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other document as affordable housing for persons and families of very low, low, or moderate income, as defined in California Health and Safety Code section 50093, as may be amended;

(d) housing subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in California Health and Safety Code section 50093, as may be amended, or comparable federal statutes. This exemption shall not include Section 8;

(e) mobilehomes subject to the Mobilehome Residency Law (California Civil Code sections 798-799.11), as may be amended;

(f) housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in California Health and Safety Code section 1569.2, as may be amended, an adult residential facility, as defined in Title 22, Division 6, Chapter 6 of the Manual of Policies and Procedures published by the California Department of Social Services, as may be amended, or nonprofit transitional housing;

(g) dormitories owned and operated by an institution of higher education or an institution offering instruction to any grade from kindergarten through 12;

(h) residential rental property in which the tenant shares bathroom or kitchen facilities with the landlord who maintains their principal residence at the residential rental property;

(i) single-family residence occupied by the landlord as the landlord’s principal place of residence, including both of the following: (1) a residence in which the landlord-occupant rents or leases no more than two bedrooms, two accessory dwelling units, or two junior accessory dwelling units, as defined in section 113.0103; and (2) a mobilehome.

(j) a property containing two separate dwelling units within a single structure in which the landlord occupies one of the dwelling units as the landlord’s principal place of residence at the beginning of the tenancy, so long as the landlord continues in occupancy;

(k) housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is a mobilehome; and

(l) residential rental property, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: (1) The landlord is not any of the following:

  • a real estate investment trust, as defined in California Internal Revenue Code section 856, as may be amended; (B) a corporation; (C) a limited liability company in which at least one member is a corporation; or (D) management of a mobilehome park, as defined in California Civil Code section 798.2, as may be amended.
  • The tenants have been provided written notice that the residential rental property is exempt from this Division using the prescribed statement

8. What is “just cause” and why do I need that to terminate tenancy of my tenant? The Residential Tenant Protection Ordinance does not allow a residential landlord to terminate tenancy or evict unless a “just cause” exists.

The City law defines two types of “just cause”: ‒ At-Fault Just Cause and No-Fault Cause.  A Landlord may terminate a Tenancy for At-Fault Just Cause if:

  • Tenant has not or is not paying rent.
  • Tenant violates a material term of the lease.
  • Tenant commits or allows a nuisance, as defined in State law.
  • Tenant causes substantial damage to the property, which is known as committing waste, as defined in State law.
  • Tenant refused to extend or renew the lease for a substantially similar duration and with substantially similar terms.
  • Tenant engages in criminal activity at the rental property, including common areas.
  • Tenant makes a criminal threat, as defined in State law.
  • Tenant violates the lease by subletting the property.
  • Tenant refused to allow the landlord to enter the property per State law.
  • Tenant uses the property for an unlawful purpose.
  • Tenant is an agent or employee of the landlord, is terminated from that position, and then does not vacate the unit after termination.
  • Tenant fails to return possession of the unit to the landlord after providing the landlord written notice to the landlord of the tenant’s intent to leave.

A Landlord may terminate a Tenancy for No-Fault Just Cause if:

  • Landlord seeks to take possession of the housing unit for the landlord, their spouse, domestic partner, child, grandchild, parent or grandparent.
    • Leases entered on or after June 24, 2023: This applies only if the tenant agrees in writing to end the tenancy or if the lease expressly allows the landlord to terminate the lease for this reason.
    • Leases entered before June 24, 2023: A provision could be added to a new lease, renewed lease or fixed-term lease that allows the landlord to terminate the lease to take possession of the property for the landlord, their spouse, domestic partner, child, grandchild, parent or grandparent. This new provision would be considered “substantially similar” for the section of the City law that defines “At Fault Just Cause” as a tenant’s refusal to extend or renew the lease with “substantially similar terms.”
  • Landlord seeks to take possession of the housing unit to remove the unit from the market.
  • Landlord seeks to take possession of the housing unit to comply with: 
    • Court order or order from another government agency that requires the property to be vacant for at least 30 days.
    • Court order or other government order to vacate the property.  Local ordinance requiring the property to be vacated. Tenant is not entitled to relocation assistance under the Residential Tenant Protections Ordinance if a court or government agency determines the tenant is at fault for the condition of the property.
  • Landlord seeks to take possession of the housing unit to demolish or substantially remodel the property. In these circumstances, the landlord is required to:
    • Post at the residential rental property the application for necessary permits within three days of submitting the application for the permits.
    • Obtain the permits necessary for the demolition or substantial remodel of the property.
    • Serve the tenant a copy of the necessary permits with a written termination notice, certified under penalty of perjury. The notice must state the reason for ending the tenancy, the type and scope of work to be performed at the property, why the work cannot be completed safely with the tenant in the unit, and why the work requires the tenant to leave the unit for at least 30 days.

Click here for more City of San Diego Tenant Protection Ordinance resources.

9. Additional Resources for Rental Housing Providers