San Diego Just Cause and Relocation Pay: California Tenant Rights

Short answer: San Diego tenant rights start with California tenant rights law, but the city adds its own Residential Tenant Protections Ordinance, in effect since June 24, 2023. It requires just cause for evictions once a tenancy passes 30 days, and it doubles the state’s no-fault relocation payment to two months’ rent, or three months for seniors and tenants with disabilities. San Diego has no local rent control, so the state cap under AB 1482 is the only limit on increases, and only for eligible units.

The city’s ordinance closes a gap that state law leaves open. Under California’s Tenant Protection Act, just-cause protection generally begins after a tenant has lived in the unit for 12 months. In San Diego, a tenant in a covered unit has it much sooner, and the landlord has to state the cause in writing. Here is how the local rules work, where cases are heard, and who to call.

San Diego tenant rights at a glance

Topic	San Diego rule	Source
Rent control	No city rent control; state cap of 5% plus inflation, maximum 10%, for units over 15 years old	Cal. Civ. Code 1947.12
Just cause	Required for covered tenancies (more than 30 days) under SDMC Ch. 9, Art. 8, Div. 7	San Diego Municipal Code 98.0704
No-fault relocation	Two months’ actual rent; three months for seniors (62+) or disabled tenants	SDMC 98.0706
Source of income	Landlords may not refuse vouchers or other lawful income	SDMC Ch. 9, Art. 8, Div. 8
Deposit cap and deadline	Generally one month’s rent; refund or itemization within 21 days	Cal. Civ. Code 1950.5
Entry notice	24 hours’ written notice presumed reasonable	Cal. Civ. Code 1954
Eviction court	San Diego Superior Court, Central Division, Hall of Justice	San Diego Superior Court
Key local agency	San Diego Housing Commission (Tenant Protection Guide)	SDHC

The Residential Tenant Protections Ordinance

The city’s rules live in San Diego Municipal Code Chapter 9, Article 8, Division 7, adopted by Ordinance O-21647 and effective June 24, 2023, then amended by O-21769 effective March 28, 2024. The code defines a tenancy as the right to occupy a unit for more than 30 days, and it excludes fixed-term leases of three months or less.

Which homes are exempt

The ordinance does not reach every rental. Section 98.0703 lists the exemptions, including:

housing issued a certificate of occupancy within the previous 15 years (mobilehomes excepted);
deed-restricted or subsidized affordable housing, though Section 8 voucher tenancies are expressly not exempt;
rooms where you share a kitchen or bathroom with a landlord who lives there, and a duplex where the owner lives in the other unit;
hotels, short-term vacation rentals, dorms, care facilities and mobilehomes covered by the Mobilehome Residency Law;
a single-family home or condo owned by an individual rather than a REIT, a corporation or an LLC with a corporate member, but only if the lease contains the exact exemption notice the code prescribes.

That last point catches many landlords out. If you rent a house from an individual and your lease does not include the required statement, the exemption does not apply. For tenancies that began or renewed on or after January 1, 2024, the notice must be in the lease itself.

At-fault and no-fault causes

Section 98.0704 lists the at-fault reasons: unpaid rent, breach of a material lease term after a written warning, nuisance, waste, refusing to renew a substantially similar lease, criminal activity on the property, a criminal threat, an unauthorized sublet, refusing lawful entry, unlawful use, and failing to leave after giving notice. Before serving a three-day notice for a curable violation, the landlord must first give written notice describing it and a chance to fix it.

No-fault reasons must be taken in good faith. They include owner or close family move-in for at least 12 continuous months, withdrawal from the rental market, a government order, and demolition or substantial remodel, which carries detailed extra notice requirements in section 98.0704(b). The 2024 amendment added that a failure to comply with the division renders a termination notice void.

Relocation assistance

For any no-fault termination, section 98.0706 requires relocation assistance. The landlord chooses one of two methods:

Direct payment of two months of actual rent under the lease in effect on the date of the notice, or three months if the tenant is a senior (62 or older) or disabled. The notice must state the amount and the landlord must pay within 15 days of the notice.
A rent waiver of the same amount, applied to rent currently due and through the rest of the tenancy.

The payment is in addition to your security deposit refund. A buyout agreement for less than the relocation amount owed is void, and a landlord who fails to pay can be liable for not less than three times the required relocation assistance plus actual economic damages.

Required notice to tenants

Landlords must give tenants a written notice in at least 12-point type saying that state law limits rent increases, that local law requires a statement of cause in any termination notice, and that seniors and disabled tenants may have extra protections. A copy of the San Diego Housing Commission’s Tenant Protection Guide must be attached. The code also requires landlords to notify the Commission of terminations within three business days, but only starting 30 days after SDHC launches an online registry. As of November 2026, SDHC’s tenant protections page says landlords are not required to report yet, because the registry still awaits City Council funding action.

Source-of-income protection

Since October 18, 2018, SDMC Chapter 9, Article 8, Division 8 has barred landlords from discriminating based on source of income. The definition is broad: all lawful, verifiable income, plus rental assistance from any federal, state, local or nonprofit program, including security deposit assistance and housing subsidies. The rule does not apply where the owner or a family member lives in the building and shares a kitchen or bathroom with the tenant. A landlord can still reject applicants for other lawful reasons.

Rent increases in San Diego

San Diego has never adopted rent control, so most tenants rely on the Tenant Protection Act. According to the California Department of Real Estate’s 2026 landlord-tenant guide, covered units can go up no more than 5% plus the regional inflation rate, or 10%, whichever is lower, in any 12-month period. Buildings less than 15 years old are exempt, and some single-family homes and condos are exempt with proper notice. Increases of 10% or less need 30 days’ written notice; larger ones need 90. Our California rent increase laws guide explains how the cap is calculated.

Use the rent increase checker to test a proposed increase, and see rent increase laws by state for comparison with other markets.

A worked example: Marcus in North Park

Marcus has rented a one-bedroom in a 1987 North Park fourplex for eight months at $2,400. The building’s owner is an LLC. In March, the owner serves a 60-day notice saying the owner’s son will move in. The notice says nothing about relocation money.

Because the building is far older than 15 years and Marcus’s tenancy is over 30 days, the city ordinance applies even though he has not reached the 12-month mark that state law would require. Owner move-in for a son is an allowed no-fault reason, but the notice must state the cause and the relocation amount. Marcus is owed two months of rent, $4,800, paid within 15 days of the notice or credited as waived rent. If he were 62 or disabled, it would be $7,200.

Since the notice omitted required information, Marcus can point the landlord to section 98.0706 in writing and contact Legal Aid Society of San Diego. If the owner never pays, the ordinance lets him seek at least three times the required amount in court.

Eviction in San Diego: the Hall of Justice

According to the Superior Court of California, County of San Diego, all unlawful detainer actions must be filed in the Central Division at the Hall of Justice, 330 W. Broadway, Room 225, San Diego, CA 92101. The court posts virtual hearing links for its unlawful detainer departments and separate pages for landlords filing and tenants responding.

Two free walk-in clinics operate at the Hall of Justice, according to SDHC’s guide: the Legal Aid Society of San Diego’s Unlawful Detainer Clinic, open Monday through Friday from 8:30 a.m. to 3:30 p.m. except court holidays, and a Landlord-Tenant Dispute Clinic in the mornings. If you are served, the response deadline is short, so go the same week. Remember the city-only defenses: a termination notice that skips the stated cause, the cure warning or the relocation amount is void under the ordinance. Statewide unlawful detainer steps are in our California eviction process guide, the overview of how the eviction process works explains the stages, and the court finder covers other counties.

Local help: who to call in San Diego

San Diego Housing Commission: publishes the Tenant Protection Guide and administers the ordinance’s notice requirements.
Legal Aid Society of San Diego: free eviction defense, housing discrimination and source-of-income help for lower-income residents. See lassd.org. SDHC also lists the California Western Community Law Project and the Housing Justice Collaborative for legal help.
Code enforcement: the city’s Building and Land Use Enforcement Division handles building and housing code violations, (619) 236-5500.
Fair Housing Council of San Diego: the fair housing resource SDHC currently lists for discrimination questions.
National Conflict Resolution Center: no-cost landlord-tenant mediation for city residents. See ncrconline.com.
San Diego Volunteer Lawyer Program: a Tenants’ Rights Program with a remote eviction legal clinic on Thursday mornings.
211 San Diego: 24-hour referrals for rental help and other services.

California tenant rights that apply to every San Diego lease

California statutes govern deposits, entry and repairs everywhere in the city. The DRE guide summarizes them this way:

Deposit: since July 1, 2024, most landlords can collect no more than one month’s rent as security under Civil Code 1950.5. Within 21 days after you move out, you get the balance back with an itemized statement of deductions.
Entry: Civil Code 1954 treats 24 hours’ written notice as reasonable unless there is evidence otherwise.
Nonpayment: a three-day notice to pay or quit counts only weekdays that are not court holidays.
Repairs: Civil Code 1942 lets you repair and deduct up to a month’s rent, at most twice a year, after the landlord fails to act within a reasonable time.

The California security deposit law guide covers deposit disputes in detail. For habitability problems, start with our explainer on the warranty of habitability, and compare with Los Angeles, which does have rent stabilization.

Frequently Asked Questions

Does San Diego have rent control?

No. The city has no rent stabilization ordinance. Most units built more than 15 years ago fall under the state cap of 5% plus inflation, with a 10% ceiling. Newer buildings have no cap at all, though they still need proper notice for increases.

When does San Diego’s just-cause rule start protecting me?

The ordinance covers a tenancy once you have a right to occupy the unit for more than 30 days, unless your unit is exempt. That is much earlier than the state’s 12-month threshold. Leases of three months or less are not covered.

How much relocation money do I get in a no-fault eviction?

Two months of your actual rent, or three months if you are 62 or older or disabled. The landlord can pay you within 15 days of the notice or waive that much rent instead. It is separate from your deposit refund.

My landlord says my rented house is exempt. Is that true?

Only if the owner is an individual, not a REIT, corporation or LLC with a corporate member, and your lease contains the specific exemption statement in SDMC 98.0703(l). Check your lease for that wording.

Can a San Diego landlord turn down my Section 8 voucher?

Not because of the voucher. The city’s source-of-income ordinance covers rental assistance from any public or nonprofit program. Legal Aid Society of San Diego takes source-of-income complaints.

Where do I go if I get eviction papers?

The Hall of Justice at 330 W. Broadway, where the Legal Aid Society of San Diego runs a weekday walk-in eviction clinic. This page is general information rather than legal advice, so bring your notice, lease and rent records to the clinic or apply through the Legal Aid Society’s website.

Nearby and related city guides: San Jose tenant rights, San Francisco tenant rights, Oakland tenant rights, Sacramento tenant rights. See every city in our tenant rights by city index.