San Diego Landlord-Tenant Rules
San Diego adds local rules on top of California landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| Rent stabilization | San Diego has no local rent control. Only the state rent cap (Civil Code 1947.12) applies, and the city's required tenant notice points to that state law. No local rent cap ordinance was found on city or SDHC pages. |
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| Just-cause eviction | The Residential Tenant Protections Ordinance (in effect June 24, 2023; amended for SB 567 effective April 1, 2024) says a landlord may not end a tenancy without at-fault or no-fault just cause. The city treats it as replacing AB 1482's just-cause section (Civil Code 1946.2). Its text has no 12-month occupancy threshold, so it applies from the start of a tenancy. Owner move-in is limited to the owner or the owner's spouse, domestic partner, child, grandchild, parent or grandparent, for at least 12 months. For leases signed on or after June 24, 2023, owner move-in is allowed only if the tenant agrees in writing or the lease allows it. The landlord must offer a no-fault-evicted tenant the unit again if it is re-rented within 5 years. A buyout for less than the required relocation amount is void. Exempt: owner-occupied single-family homes, owner-occupied duplexes, units with a certificate of occupancy within the last 15 years, deed-restricted affordable housing (Section 8 voucher units are still covered), and others. The 12-month point comes from the ordinance recitals ('the Act does not apply in the City of San Diego because the Regulations were in effect') and the Sec. 98.0704 text in the council copy (https://www.sandiego.gov/sites/default/files/o-2023-143_rev._cor._copy_clean.pdf). SDHC guide summary: https://www.sdhc.org/wp-content/uploads/2023/06/Tenant-Protections-Guide.pdf. |
| Relocation assistance | For a no-fault just-cause termination, the landlord must pay 2 months of the tenant's actual rent (3 months if the tenant is a senior aged 62+ or disabled), within 15 days of the notice. The landlord may instead waive the same amount of rent for the final months. Not paying makes the landlord liable for at least 3 times the required amount plus actual damages. The landlord must report each no-fault termination notice to SDHC's Tenant Termination Notice Registry within 3 business days. SDHC guide updated July 2025. The registry duty starts 30 days after SDHC announces its portal. Whether the portal is live was not verified. Source: SDMC Sec. 98.0706; Sec. 98.0709 |
| Required notices/registration | Landlords must give tenants a written notice of the ordinance (12-point font, with the text set by the ordinance) and a copy of SDHC's Tenant Protection Guide, either in the lease or signed at lease signing. Anyone who owns, runs or manages residential rental property in the city also owes the annual Rental Unit Business Tax to the City Treasurer. Notice details: SDHC Tenant Protection Guide. The Rental Unit Business Tax is a tax registration, not a habitability inspection program. Rates were not recorded. |
| Source-of-income discrimination | Landlords may not refuse, end or change a tenancy, advertise a preference, or apply income standards in a discriminatory way based on source of income. The city's definition is broader than the state's (FEHA): it covers rental assistance from any federal, state, local or nonprofit program, including Section 8 vouchers and deposit-assistance programs, whether paid to the tenant or the landlord. Remedy: a lawsuit within one year of discovery. For a violation during a tenancy, the court awards 3 times one month's rent. Exception: the owner or a family member lives in the building and shares a kitchen or bath with the tenant. |
| Lockouts/harassment | The Residential Tenant Protections Ordinance bans retaliation against tenants who use their rights under it. Attempting to recover possession in violation of the ordinance makes the landlord liable for at least 3 times actual damages, and attorney's fees are at the court's discretion. No separate city anti-harassment ordinance was found. Source: SDMC Secs. 98.0708, 98.0709 |
| Habitability/code enforcement & complaint line | Development Services' Building & Land Use Enforcement Division investigates substandard housing and other code violations. File a Request for Investigation online, by mail, or by phone at 619-236-5500. Anonymous complaints are not accepted, but the complainant's identity is kept confidential. Budget cuts for FY2026-2027 reduced the kinds of lower-priority (Priority III) cases investigated. The City may also enforce the tenant protections ordinance through this code-enforcement authority. SDHC has no enforcement power. Source: SDMC Ch. 1, Art. 2 (enforcement) |
| Rental assistance | The Housing Instability Prevention Program (HIPP), run by SDHC for the city, pays $250, $500, $750 or $1,000 a month toward rent, plus help with past-due rent and utilities and case management. It is for city households at or below 80% of AMI who are in a housing crisis, such as facing eviction. Call 2-1-1 or SDHC at 619-578-7768. Funding status and waitlist not verified. Source: SDHC HIPP |
Eviction cases in San Diego are heard in: Superior Court of California, County of San Diego, Central Division, Hall of Justice, 330 W. Broadway, Room 225 (all unlawful detainers are filed here)
Eviction court, fees and help
Local agencies
- San Diego Housing Commission (SDHC) — Publishes the Tenant Protection Guide, keeps the eviction notice registry, and runs HIPP rental assistance. It does not enforce the ordinance.
- Development Services - Building & Land Use Enforcement — Investigates substandard housing and code complaints. 619-236-5500.
- Legal Aid Society of San Diego — Free eviction defense for lower-income tenants and an Unlawful Detainer walk-in clinic at the Hall of Justice. (877) 534-2524.
- Office of the City Treasurer — Administers the Rental Unit Business Tax on residential rental owners.
Frequently asked questions
What landlord-tenant rules does San Diego add on top of California law?
Rent stabilization: San Diego has no local rent control. Only the state rent cap (Civil Code 1947.12) applies, and the city's required tenant notice points to that state law.; Just-cause eviction: The Residential Tenant Protections Ordinance (in effect June 24, 2023; amended for SB 567 effective April 1, 2024) says a landlord may not end a tenancy without at-fault or no-fault just cause. The city treats it as replacing AB 1482's just-cause section (Civil Code 1946.2). Its text has no 12-month occupancy threshold, so it applies from the start of a tenancy. Owner move-in is limited to the owner or the owner's spouse, domestic partner, child, grandchild, parent or grandparent, for at least 12 months. For leases signed on or after June 24, 2023, owner move-in is allowed only if the tenant agrees in writing or the lease allows it. The landlord must offer a no-fault-evicted tenant the unit again if it is re-rented within 5 years. A buyout for less than the required relocation amount is void. Exempt: owner-occupied single-family homes, owner-occupied duplexes, units with a certificate of occupancy within the last 15 years, deed-restricted affordable housing (Section 8 voucher units are still covered), and others.; Relocation assistance: For a no-fault just-cause termination, the landlord must pay 2 months of the tenant's actual rent (3 months if the tenant is a senior aged 62+ or disabled), within 15 days of the notice. The landlord may instead waive the same amount of rent for the final months. Not paying makes the landlord liable for at least 3 times the required amount plus actual damages. The landlord must report each no-fault termination notice to SDHC's Tenant Termination Notice Registry within 3 business days.; Required notices/registration: Landlords must give tenants a written notice of the ordinance (12-point font, with the text set by the ordinance) and a copy of SDHC's Tenant Protection Guide, either in the lease or signed at lease signing. Anyone who owns, runs or manages residential rental property in the city also owes the annual Rental Unit Business Tax to the City Treasurer.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.