As a renter in San Diego, CA, it is important to understand both your local tenant rights as well as the California tenant laws. If you qualify, San Diego rent control ordinances provide renters with additional protections. Often, San Diego lease laws will help settle landlord disputes in a favorable manner.
San Diego, CA is one of the cities in Southern California with additional protections for tenants under rent control. Many factors determine whether a rental unit is subject to the protections under rent control. Contact our knowledgeable attorneys today to determine whether your rental unit qualifies for the protections offered by the San Diego Rent Stabilization Ordinance.
San Diego’s tenant protections apply to all rental units including apartments, condominiums, stock cooperatives, single-dwelling units, and hotel units except:
• accommodations in hotels, motels or rooming houses rented to transient guests;
• accommodations in boarding houses in which the landlord shares a kitchen or bath facilities with one or more tenants;
• housing accommodations in hospitals, religious or educational facilities, or facilities that require case management; and
• rental units operated by a government agency, or units whose rent is subsidized by any government agency.
• Mobile homes subject to the Mobile Home Residency Law.
Landlord’s right to evict tenant is limited in certain circumstances
A residential tenancy of more than two years duration can’t be terminated, nor may its renewal be refused, except for one or more of the following reasons:
1. Nonpayment of rent.
2. The tenant violates a lawful and essential part of the agreement with the landlord. However, the failure to surrender possession of the rental unit can’t be grounds for eviction except if the tenant violates Number 5 below by failing to renew a lease with similar provisions.
3. The tenant commits or permits a nuisance in, or is causing damage to, the rental unit or to the common areas or surrounding areas of the housing complex containing the rental unit, or creates an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the housing complex.
4. Illegal use: The tenant uses or permits the rental unit to be used for an illegal purpose.
5. Refusal to renew lease or rental agreement: The tenant had a written lease or rental agreement which terminated on or after April 26, 2004 and has refused, after written request by the landlord, to sign a written extension or renewal of the agreement. Important! The new lease MUST BE of like duration and similar provisions in order to qualify-the tenant is under no obligation to sign a new lease that changes the terms of the tenancy.
6. Refusal to provide the landlord reasonable access to the rental unit.
7. Landlord seeks to correct violations: The landlord, after having obtained all necessary permits from the City of San Diego, seeks to recover possession of the rental unit for necessary repair or construction when removal of the tenant is reasonably necessary to accomplish the repair or construction work.
8. Landlord seeks to withdraw the residential structure from the rental market: The landlord intends to withdraw all rental units in all buildings or structures on a parcel of land from the rental market.
9. Landlord seeks to move in to the unit or allow a relative to move into the unit: The landlord, or his or her spouse, parent, grandparent, brother, sister, child, grandchild (by blood or adoption), or a resident manager plans to occupy the rental unit as their principal residence.
Landlords must follow a certain procedure for eviction
Any landlord who attempts to terminate a tenancy based on the grounds allowed by law must provide the tenant a written notice to quit or terminate which lays out the grounds for the eviction. The landlord must provide the notice prior to or at the same time as the written notice of termination or three-day notice is served on the tenant.
Landlord’s failure to comply with any of the provisions of San Diego’s lease laws as outlined above may be used by the tenant as an affirmative defense to an eviction.
To learn more about your San Diego tenant rights and speak with one of our knowledgeable team members, contact TenantHub or call 1-800-375-0001. We have helped thousands of renters in San Diego protect their tenant rights.