San Diego Tenant Protections: Just Cause, Relocation Pay and Remodel Evictions

Does the San Diego ordinance cover your rental?

It covers most residential rentals inside the City of San Diego, including units rented to Section 8 voucher holders. Other cities in San Diego County, and unincorporated areas, are not governed by this city ordinance.

Section 98.0703 exempts these, among others:

• Hotel stays and short-term residential occupancy.
• Deed-restricted or subsidized affordable housing (but not Section 8).
• Rooms where you share a bathroom or kitchen with a landlord who lives there, and some owner-occupied single-family homes and two-unit buildings.
• Housing with a certificate of occupancy issued within the past 15 years.
• A house or condo that can be sold separately, owned by someone other than a corporation, REIT or LLC with a corporate member, but only if the lease contains the exact exemption notice set out in the ordinance (required in the lease for tenancies begun or renewed on or after January 1, 2024).

Landlords of covered units must give you a written notice of these protections, plus the San Diego Housing Commission's Tenant Protection Guide, in the lease or as a signed notice at signing (SDMC 98.0705).

How do San Diego tenant protections compare with state law?

California's Tenant Protection Act (Civil Code section 1946.2) sets a statewide floor. The city ordinance builds on it, and its rights are in addition to state and federal law.

What counts as just cause in San Diego?

At-fault causes in section 98.0704(a) track state law: unpaid rent, a material lease breach, nuisance, waste, criminal activity on the property, criminal threats, unauthorized subletting, refusing lawful entry, unlawful use, refusing to sign a substantially similar lease extension, and failing to leave after giving notice. Before terminating for a curable lease violation, the landlord must first give written notice describing it and a chance to fix it.

No-fault causes in section 98.0704(b) must be taken in good faith:

• Owner or close-relative move-in for at least 12 continuous months. For leases signed on or after June 24, 2023, this applies only if you agree in writing or the lease expressly allows it. The notice must name the intended occupant and their relationship, and you can ask for proof.
• Withdrawing the property from the rental market.
• Complying with a government or court order to vacate, including a habitability order requiring vacancy for at least 30 days.
• Demolition or a substantial remodel, defined narrowly below.

Under section 98.0710, a landlord's failure to comply with any provision of the division voids the termination notice.

How much relocation assistance does a San Diego landlord owe?

For any no-fault termination, the landlord must pay relocation regardless of your income or how long you have lived there. At the landlord's option, it is either a direct payment within 15 days of the notice or a waiver of rent for the final months of the tenancy (SDMC 98.0706(c)).

Relocation is separate from your security deposit, which must still be returned under state law. The termination notice itself has to state the amount, or the amount of rent waived. If a landlord fails to pay, section 98.0709(e) makes the landlord liable in a civil action for not less than three times the required relocation plus actual economic damages. Our guide to relocation assistance for no-fault evictions compares rules across California.

Can a San Diego landlord evict you to remodel?

Only for a substantial remodel: replacing or substantially modifying a structural, electrical, plumbing or mechanical system that needs a permit, or abating hazardous materials such as lead paint, mold or asbestos, where the work cannot be done safely with you in place and requires you to leave for at least 30 continuous days. Painting, decorating, minor repairs and other cosmetic work do not qualify.

Section 98.0704(b)(4) adds procedural steps. The landlord must post a copy of the permit application at the property within three business days of submitting it, and must obtain the permits before serving notice. The notice must be certified under penalty of perjury and include a description of the work and its expected duration, copies of the permits (or, for permit-free hazardous material abatement, the signed contractor agreement), why you cannot stay, and a statement of your right to re-rent at the same terms if the work is not started or completed.

Does San Diego limit rent increases?

The City of San Diego has no local rent control. Increases on most housing over 15 years old are limited by state law to 5% plus the change in the cost of living, up to 10%, in any 12 months, and no more than two increases in that period (Civil Code section 1947.12). The Attorney General lists the San Diego County cap as 8.2% for increases starting August 1, 2026 through July 31, 2027.

Notice is also governed by state law: 30 days for an increase of 10% or less and 90 days above that (Civil Code section 827). The city's required tenant notice repeats that state law limits increases. The timing rules for California rent increase notices cover service and effective dates in more detail.

What rules apply to buyout offers and retaliation?

Before making a buyout offer, a landlord must give each tenant a written disclosure stating that you can refuse, can consult an attorney, cannot be retaliated against for refusing, can block further offers for six months by written notice, and are eligible for a stated amount of relocation assistance (SDMC 98.0707). The agreement must be in writing with required statements in bold, at least 14-point type.

A buyout must be for more than the relocation assistance you would be owed. One for less violates the ordinance and is void, and its protections cannot be waived. Section 98.0708 separately bars retaliation against a tenant for using any right in the division.

Steps to take if you receive a no-fault notice in San Diego

1. Confirm the property is inside City of San Diego limits and not exempt under section 98.0703, checking your lease for an exemption notice.
2. Read the notice for the stated cause, the relocation amount or rent waiver, and the statement of your right to an offer to return.
3. If the cause is owner move-in, check your lease date and whether it contains an owner move-in clause, and ask in writing for proof of the occupant's relationship.
4. If the cause is a remodel, ask for the permits and check that the work fits the ordinance's definition.
5. For an owner move-in, government order or remodel notice, tell the landlord in writing within 30 days that you want an offer to renew if the unit is re-rented within five years, and give a mailing or email address.
6. Track whether relocation arrives within 15 days of the notice, and keep copies of everything.

When a San Diego no-fault eviction calls for an attorney letter

A remodel notice without permits, a move-in claim under a lease that never allowed one, or relocation money that never arrived can each void a termination under the ordinance, and the remedy for unpaid relocation is not less than three times the amount owed. Putting those defects in writing, with the section numbers, gives the landlord a chance to correct them and preserves your record if the case reaches court.

Through Talk to My Lawyer, a licensed California attorney writes your letter (based on your facts and the documents you share, including the lease, termination notice and rent records), then sends it on your behalf. The San Diego Housing Commission's guide explains the ordinance in general terms; an eviction defense lawyer can advise on deadlines that apply to your own notice.