San Diego - Just Cause Evictions
The purpose of these regulations is to promote stability in the San Diego rental housing market and limit adverse impacts on long-term residential tenants displaced and forced to find replacement housing in the expensive and limited San Diego housing market. The regulations protect the rights of long-term residential tenants by limiting grounds for their eviction and requiring landlords to provide notice of such grounds. The rights conferred by these regulations are in addition to any provided in state or federal law.
Landlord Termination of Tenancy
A residential tenancy of more than two years duration shall not be terminated, nor shall its renewal be refused, except for one or more of the following reasons:
1. Nonpayment of Rent.
2. Violation of Obligation of Tenancy. The tenant has violated a lawful and material obligation or covenant of the tenancy, except that the following may not be grounds for termination or nonrenewal of a tenancy:
1. The failure to surrender possession of the rental-unit upon the expiration of a specified term, except as provided in section 98.0730(e);
3. Nuisance. The tenant is committing a nuisance or permitting a nuisance in, or is causing damage to, the rental-unit or to the appurtenances thereof or to the common areas of the housing complex containing the rental-unit, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the housing complex.
4. Illegal Use. The tenant is using or permitting the rental-unit to be used for an illegal purpose.
5. Refusal to Renew Lease. The tenant who had a written lease or rental agreement which terminated on or after April 26, 2004 has refused, after written request by the landlord, to execute a written extension or renewal thereof within the written period prescribed by the lease or state law for a further term of like duration with similar provisions.
6. Refusal to Provide Access. The tenant has refused to give the landlord reasonable access to the rental-unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental-unit to any prospective purchaser or mortgagee.
7. Correction of 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. Withdrawal of Residential Rental 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.
1. Ch. Art. Div. 9 8 7 4 San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (10-2011)
9. Owner or Relative Occupancy. 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.
1. (Amended 4–26–2004 by O–19274 N.S.)
Exemptions
The following shall be exempt from the requirements of this division:
1. Institutional Facilities: Housing accommodations in any hospital, convent, monastery, extended care facility, asylum, nonprofit home for the aged, fraternity, or sorority house, housing accommodations owned, operated, or managed by a bona fide educational institution for occupancy by its students or rental-units that require intake, case management or counseling and an occupancy agreement as part of the occupation.
2. Agency Owned or Subsidized Units: Any rental-unit owned, operated, or subsidized by any government agency, and which is therefore subject to substantially similar or greater state or federal eviction controls.
3. Rooms Rented to Boarders: A rental-unit in which the landlord owns the rental-unit, shares kitchen or bath facilities with the tenants, and also occupies the rental-unit or a unit in the same building as his or her principal residence.
4. Rental-Units in Hotels, Motels, or Rooming Houses Rented to Transient Guests which do not qualify as Single Room Occupancy Hotel Rooms pursuant to San Diego Municipal Code Chapter 14, Article 3, Division 5.
5. Mobile Homes: Mobile homes subject to Mobilehome Residency Law (California Civil Code, Chapter 2.5).
6. Transient occupancies defined by California Civil Code section 1940(b).
(“Exemptions” added 3–30–2004 by O–19269 N.S.)
FAQ
Can a landlord give the tenant a 30 or 60 day notice to vacate if they live there less than 2 years?
If it less than one year-30 day notice is require. More than two years -60 days is required. If the unit is in the City of San Diego and more than two years must list one of a dozen of reasons that you are terminating the tenancy. (see attached)
Can a landlord serve a 60 day notice to vacate for any of the Just Cause reasons, or do they all usually require a 3 day notice of some sort?
For example, Nuisance – neighbors constantly complain about noise or smoking, etc. Can you serve them a 60 day notice to vacate? You only need a reason after two years if the rental is in San Diego, otherwise you do not need to state a reason. If you have a reason, such as a breach of the lease or quiet enjoyment you can serve a 3-day notice for the breach or if you want to give them more time to move serve them a 60 day notice. But you need not state a reason on the 60 day notice unless you are in San Diego.
Cities that fall under the City of San Diego
13 Cities within the City of San Diego, CA: