San Diego County’s Rent Laws: What you Should Know
Note: This article is going to focus on residential rental laws. This also is NOT a comprehensive list and is a starting point. It’s not legal advice either. It’s just things you might want to know as a renter. Additionally, some laws vary based on the type of house you’re in. If you’re staying in a section-8 or subsidized tenancy, these rules might vary. This article was written on July 1st, 2022. Laws and regulations might change. Be sure to check local ordinances and talk with an expert for up to date information.
If you’re not renting you probably know someone who is, and odds are they might have been complaining about rent increases lately. And for good reason. Over the past year, the cost for 1-2 bedroom apartments jumped over 25% in the past year. There have been many laws, moratoriums, and changes since 2020. Since over 50% of San Diego’s population are renters.
Evictions
Let’s get this straight. An eviction happens when your landlord demands you leave in the middle of your lease. It’s an expensive legal process that requires extensive evidence and a clear reason, but that reason isn’t always your fault. There are three types of evictions: 3 days, 30 days, 60 days.
A 3-day eviction means the landlord gives you 3 days to get out of the property. This can only happen when the tenant is in violation of the lease. This can be failing to pay rent, being a nuisance, or if the tenant damaged the property. This type of eviction is not affected by how long the resident has lived on the property.
A 30-day eviction can only happen if a resident has lived in a property for less than a year. A 60-day eviction is required when the resident has lived there for over a year.
All tenants have the legal right to disagree with an eviction notice. This starts the expensive legal process known as an “Unlawful Detainer” which costs a good amount of money. These cases go to the superior court of San Diego. Most renters lose these cases.
Landlords cannot evict a tenant for any “discriminatory” reasons. That means, race, religion, marital status, disabilities, sexual orientation, gender identity or anything along those lines. However, they can evict you for a “no-fault” reason. And this is where things get difficult.
No Fault Evictions
Due to a moratorium passed in May 2022, there is a temporary “ban” on no-fault evictions in SD County. This “ban” is in quotes because it is more of a limit than it is a ban. During this moratorium you can only be “no fault” evicted if the landlord is entirely taking that property off the market, and they have to actually take it off the market; or if they (or a family member) are planning to move into the property, and they have to actually move in.
If the landlord wants to do either of these, they must give tenants 90 day’s notice.
This moratorium lasts until September 30th or until 60 days after end of the local state of emergency.
If (even after the moratorium ends) a tenant is no-fault evicted the tenant might be entitled to relocation assistance.
Relocation Assistance
When a tenant is served a no-fault notice of termination, also known as a no fault eviction, the landlord might be mandated to inform the renter about relocation assistance or their right to a rent waiver.
Not all properties are mandated to give relocation assistance, here are the exceptions:
-A written notice is given to the tenant that states or the lease states the phrase (and the phrase is accurate)
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just-cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d) (5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
-The rental agreement began before July 1st 2020 and the phrase above was relisted in a renewal.
-If the home is part of the exemption clause, read more about it here https://cal-rha.org/advocacy/ab-1482/
If those exceptions don’t apply to you then you should be able to get relocation assistance. Relocation assistance can either be a waiver for one-months rent or can be a check written for the same amount as one month’s rent. Again, this only applies during a no-fault eviction.
Increasing Rent/Rent Caps
Rent can be increased at the end of a lease and need to be communicated in writing 30 days prior, unless the increase in rent is greater than 10%, in which case the landlord/property manager must inform the tenant in writing 60 days prior to the change, but as you’ll see soon rent increases can’t be over 10%.
The “rent cap” or percent a landlord can raise your rent is either 5% + the change in CPI over the last 12 months, or 10%, whichever is lower. If that sounds confusing its because it is. Basically, if inflation is really bad your landlord won’t be able to overcharge you.
What’s CPI? And how do I find it? – Unfortunately that’s a difficult question to answer. CPI or the Consumer Price Index is meant to be taken from the US Bureau of Labor Statistics, but some landlords will look at a different model. Some landlords will only use the changes from March to March, others will use the CPI from the current date, some even use a future date! Its quite difficult.
As a general note, Assembly Bill 1482 states that the CPI should be based on the changes from April to April. This goes into effect on August 1st 2022.
This article includes a table that shows you what the recent changes are and allows you to check based on the past 12 months: https://www.bls.gov/regions/west/news-release/consumerpriceindex_sandiego.htm
As you can see, inflation increased a good deal this past year, so for most renters, 10% will be the rent cap.
Rental Assistance Programs
The San Diego Housing Commission manages rental assistance programs such as Section 8. Section 8 is a rental assistance program for applicants who make less than 80% of San Diego’s median household income. The median household income changes from year to year, but can often be quite high. It currently is $106,000. Just because you qualify does not determine if you’re going to immediately get section 8, it takes some time. Landlords also might not work with section 8 tenants.
If you do get rental assistance through section 8, the SDHC will pay a portion of your rent directly to the landlord, the remaining balance is then paid by you.
For more information on Section 8, eligibility, and to see where it is available, check out this site: https://www.sdhc.org/housing-opportunities/help-with-your-rent/
Service/Support Animals
California has recently changed the laws surrounding support animals. The law still stands that a landlord cannot charge a tenant a deposit for an emotional support animal nor can they deny a tenant’s right to having an emotional support animal. However, a landlord can ask for proof of need for a support animal. There are of course some restrictions. But for the most part, landlords have the right to essentially ask for a doctors note. The change is that this note must come from a professional. Whether that be a psychiatrist, therapist, or a doctor. The landlord does not have the right to ask for a letter if the need is apparent, e.g, the tenant is blind and has a seeing eye dog.
In circumstances in which a service/support animal is disruptive, causing damage, or poses a threat to the general public, landlords can request the animal be removed, but they will have to go through a lengthy legal battle.
Tenants do not have to disclose that they have a service animal prior to signing a lease or at all. But if a landlord asks for a letter proving that there’s a need for the service/support animal, it is on the tenant to provide that.
Protecting yourself
There are a lot of resources available throughout San Diego. Housing Help SD is a group dedicated to preventing evictions, they have a legal helpline and can help keep you protected: https://housinghelpsd.org/
If you have the MetLife Legal plan with SDPEBA you basically have a Real Estate Lawyer on call. You can have them review documents or explain some of the recent laws to you: https://www.sdpeba.org/benefits/active/metlife/metlife-legal-plans
Even though San Diego does have expanded renter laws, its important to take some circumstances into your own hands. So here are some general tips from property managers, real estate lawyers, and renters I talked with.
“Try to have a good relationship with your landlord. Don’t be friends with them. But be cordial. It might be weird or awkward, but having a good relationship with a tenant makes me more likely to want to work with them. I’ve been a property manager for 8 years. I try to always be kind to my tenants. We have to deliver frustrating news all the time, so we get it.”
“When you’re dealing with evictions, lawyer up. So many of my clients have came to me too late in the process and there wasn’t much we could do. Losing your home is stressful, and you want someone in your corner during a stressful time.”
“My best piece of advice to other renters is to stay educated and to talk with your neighbors. If your landlord owns multiple properties and raises your rent, ask your neighbor. Ask if they don’t mind sharing that information and then chat with them. I had a landlord try to raise my rent 15% I pointed out that that was illegal and she dropped it to 9%. I told my neighbor and he had already signed the paperwork that increased his rent by 15%. And the thing is, our landlord is really nice. She just didn’t know the law.”
Additional Sources/Further Reading
No Fault Moratorium
https://voiceofsandiego.org/2022/04/05/morning-report-council-passes-no-fault-eviction-moratorium/
Rent Caps
https://www.mylenemerlo.com/blog/rent-increase-limit-rent-cap/
Note this is an Opinion article, but the biases are stated at the beginning of the article.
Service/Support Animals