Why San Diego goes further than AB 1482
California’s Tenant Protection Act protects a tenant after 12 months of occupancy and pays one month’s rent for a no-fault move. San Diego’s ordinance, San Diego Municipal Code sections 98.0701 through 98.0709, took effect June 24, 2023 and applies from the start of the tenancy, with an exemption only for fixed-term leases of three months or less. The city amended parts of it effective March 28, 2024.
San Diego has no local rent control, so rent increases follow the state cap in Civil Code 1947.12. The ordinance is about why and how you end a tenancy, not how much you charge.
| Rule | State law (AB 1482) | City of San Diego |
|---|---|---|
| Just cause starts | After 12 months | Day one (leases over 3 months) |
| No-fault relocation | One month’s rent | Two months, three for 62+ or disabled |
| Damages for violations | Up to 3 times actual damages if willful | At least 3 times actual damages |
Which San Diego rentals are exempt
For most owners of 5+ unit buildings, the practical exemption is the 15-year rule. A building finished in 2009 is covered today; one finished in 2015 isn’t yet, and it rolls in once its certificate of occupancy passes 15 years.
- Housing with a certificate of occupancy issued within the past 15 years, other than mobilehomes.
- Affordable housing restricted by a deed or regulatory agreement. Section 8 tenancies aren’t exempt on that basis.
- An owner-occupied single-family home where the landlord lives on site.
- A unit that can be sold separately, such as a condo or a house, but only when the owner isn’t a corporation, REIT or similar entity and the tenant got the required written notice.
At-fault causes and the cure step
At-fault causes under section 98.0704 include default in rent, a material lease breach, criminal activity on the property including common areas, criminal threats, nuisance, waste and unlawful use. For a violation that can be fixed, section 98.0706 requires a written notice describing the violation and giving a chance to cure. Only if the tenant doesn’t cure can you serve a 3-day notice to quit.
Unpaid rent works much as it does elsewhere in California. The 3-day notice to pay rent or quit under CCP 1161(2) is itself the chance to cure, because the tenant can stop the case by paying in full before it expires. Demand rent only, not late fees, and serve it the way CCP 1162 requires.
The ordinance also requires notifying the San Diego Housing Commission (SDHC) in writing within three business days after you notify the tenant. SDHC says that requirement doesn’t start until 30 days after it launches and announces an online portal, and as of its current guidance the portal is still pending, so watch for the announcement.
No-fault terminations and the remodel rules
The no-fault causes are owner or family move-in, withdrawal from the rental market, a government or court order to vacate for at least 30 days, and demolition or a substantial remodel. Each is narrower than its state counterpart.
For an owner move-in, the owner or qualifying relative must live there as a primary residence for at least 12 continuous months and move in within 90 days after the tenant leaves. A substantial remodel must require the tenant to vacate for at least 30 continuous days and can’t be cosmetic work like painting. You must secure the permits before issuing the notice, post the permit applications within three business days, and certify the notice under penalty of perjury.
No-fault notices must be served at least 30 or 60 days ahead under Civil Code 1946.1, in at least 12-point font, and must describe the basis for termination, the relocation right and the tenant’s right to an offer to return.
Withdrawal from the rental market is governed by the state Ellis Act, Government Code 7060 and following, which requires taking every unit in the building off the market rather than one. For an owner of a 5+ unit building, that makes it a whole-property decision, usually tied to a sale, demolition or long-term change of use, and the city’s two- or three-month relocation applies to each household on top of the state rules.
Relocation: two months’ rent, or three
Every no-fault termination requires relocation regardless of the tenant’s income or how long they’ve lived there. You either pay two months of the actual rent in effect when the notice is served, within 15 days of the notice, or waive the same amount of rent that is due now or will come due. For a tenant who is 62 or older or disabled, the amount is three months.
If you re-offer the unit for rent within five years, the displaced tenant gets the first written offer and 30 days to accept, subject to normal screening. Any failure to strictly comply with section 98.0706 voids the termination notice.
The Tenant Protection Notice and buyout rules
Section 98.0705 requires a written notice of tenant protections in at least 12-point font, accompanied by the Tenant Protection Guide that SDHC prepares. For tenancies that began after June 24, 2023, it goes into the lease or is signed by the tenant.
Buyouts are regulated too. Before making an offer, section 98.0707 requires a written disclosure of the tenant’s rights, the relocation amount and who is authorized to negotiate. The agreement must be in writing with bold 14-point warnings, and any buyout for less than the required relocation amount is void. Tenants can’t waive these protections.
Penalties for getting it wrong
Section 98.0709 lets a tenant sue for injunctive relief, damages including punitive damages, and attorney’s fees in the court’s discretion, and raise any violation as a defense to the eviction. A wrongful eviction carries damages of at least three times the tenant’s actual economic damages. Failing to pay required relocation carries at least three times the amount owed, plus actual damages. The city can also enforce through civil and criminal remedies.
The ordinance also bars ending a tenancy, or refusing to rent, because a household receives rental assistance from a federal, state, local or nonprofit program.
The California steps, in brief
Once the city requirements are met, the case runs on state law: a 3-day notice to pay or quit that skips weekends and court holidays, a complaint, 10 court days to respond, trial within 20 days of a request and the writ of possession. Our California eviction process guide covers each statute.
San Diego Superior Court: where to file and where to appear
Unlawful detainer filings go to the Civil Business Office at the Hall of Justice downtown. Hearings are in a different building: since November 3, 2025, the unlawful detainer courtroom has been Department 201 on the second floor of the Central Courthouse, moved from Department 501. The first-paper fee follows the 2026 Statewide Civil Fee Schedule, $240 for a demand of $10,000 or less.
After judgment, the San Diego County Sheriff serves the writ of possession and removes the occupants after the five-day period in CCP 715.020. Leave belongings in place for the storage process CCP 1174 requires.
Worked example: relocation for a three-unit remodel
Assume a 10-unit North Park building where you plan a substantial remodel of three units that can’t be done with tenants in place for at least 30 days. Two units rent for $2,600 each. The third rents for $2,750 to a 70-year-old tenant. All three tenants have lived there more than a year, so the notice period is 60 days.
Relocation is $5,200 for each $2,600 unit and $8,250 for the senior’s unit, three months at $2,750, for a total of $18,650, paid within 15 days of the notices or credited against rent. Permits must be in hand before any notice goes out. If you skip the payment, the exposure is at least three times the amount owed, or $55,950, plus actual damages, and the notices are void.
| Unit | Rent | Months owed | Relocation |
|---|---|---|---|
| Unit A | $2,600 | 2 | $5,200 |
| Unit B | $2,600 | 2 | $5,200 |
| Unit C (tenant 62+) | $2,750 | 3 | $8,250 |
| Total | $18,650 |
Selling a San Diego building with tenants in place
A sale isn’t a just cause, so tenancies, relocation rights and any pending case carry over to the buyer. Buyers will ask for the signed tenant protection notices, any cure and termination notices, permits for planned work, and tenant estoppel certificates. If a remodel was planned but never started, disclose it; a buyer may prefer to make its own plan rather than inherit your notices.
If you’ve already paid relocation and the tenants have left, say so and document it, since vacant units and a clean paper trail change what a buyer will pay. If you haven’t served anything yet, selling occupied avoids the relocation outlay and the void-notice risk altogether.
Selling your San Diego apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units in San Diego, occupied and as-is, including buildings with problem tenants or a pending eviction. Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
