San Diego Landlord Tenant Rights You Need To Know

jacob-thomason Updated on June 27, 2025 80 views 1

Renting or managing a property in San Diego? 

It’s important to know your rights. San Diego follows both city and state laws that clearly explain what landlords and tenants can and can’t do, like how much rent can increase, when evictions are legal, and who handles repairs. These rules come from California’s Tenant Protection Act and local ordinances. 

Whether you’re collecting rent, charging a deposit, or ending a lease, the law sets clear steps to follow. This guide explains everything in simple terms, starting with the rights landlords have in San Diego and what renters can expect in return.

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What are Landlords’ and Tenants’ Rights in San Diego? 

What Rights Do Landlords Have in San Diego?

Landlords in San Diego have specific rights under the City’s Residential Tenant Protections Ordinance, governing rent setting, evictions, and lease terminations, among others. Let’s take a look at them. 

Charge a Security Deposit

Landlords are free to request or demand a security deposit from tenants. Assemblyman Matt Haney introduced the Assembly Bill No. 12 in 2023 to cap the deposit amount to one month’s rent, regardless of whether the residential property is unfurnished or furnished. 

Reasonable Access to the Property

According to CA Civ. Code § 1954, landlords may access the rental unit in the following cases:

• An emergency—such as a fire, a broken gas pipeline, or flooding in the basement
• Make necessary or agreed repairs
• Provide essential services—such as hot water, cold water, or a new door lock
• Show the unit to prospective or actual buyers, mortgagees, or tenants
• Court order

Except in an emergency or when tenants have abandoned or surrendered the premises, landlords shall give prior notice (typically 24-48 hours) and enter only during normal business hours. 

Decide on Subletting

While subletting is generally allowed in San Diego, landlords have the right to deny it based on reasonable objections. 

Charge Fees for Bounced Checks

Landlords can levy a $25 fee for the first returned check and $35 for each subsequent check under CA Civ. Code § 1719. A late fee is allowed if it’s in the lease. While there are no restrictions on maximum late fees, most landlords keep it around 5% to 10% of the month’s rent, with 5% being the average.

Evict Tenants

The Tenant Protection Act of 2019 (AB 1482) and CA Civ. Code § 1946.2 authorizes “just cause” evictions if tenants don’t pay rent on time, breach terms of the lease, or carry out illegal activities within the dwelling. Landlords shall provide appropriate written notice—3 days for rent non-payment or 60 days for no-fault evictions—and follow legal court procedures.

Withhold the Security Deposit for Unpaid Rent or Damages 

Landlords may withhold all or some part of the security deposit to cover unpaid rent or damages beyond normal wear and tear. To be compliant, they must provide lessees with an itemized list of deductions with valid receipts.  

What Rights Do Tenants Have in San Diego? 

San Diego provides robust protections to tenants, including just cause eviction protections, relocation assistance, limitations on rent increases, and protection against retaliation, ensuring a safer and more stable rental experience. 

Below is an overview of each of these rights. 

No Discrimination

Every leaseholder has the right to equal housing opportunity in the City and County of San Diego. This means landlords cannot deny tenancy to people based on their race, color, religion, sex (including pregnancy, childbirth or medical conditions related thereto, as well as gender and perception of gender), sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, medical condition, or age. 

Tenants who believe they’ve been subject to discrimination can file a complaint with the HUD, Civil Rights Department, or file their own lawsuit in federal or state court. 

Written Rental Agreement

Landlords shall provide a written and mutually signed rental agreement to tenants before they move in, which must at least include the following details:

• Monthly rent amount
• Rent due date
• Security deposit amount
• Tenancy duration
• Tenant details
• Rental unit address
• Landlord’s name and address (if different)
• Utility responsibilities
• Pet policy
• Additional terms

Privacy

Tenants have the legal right to privacy in their rented space, also called “quiet enjoyment.” California’s Civil Code extends this right to all areas of the property, such as balconies, yards, and garages, prohibiting landlords from visiting the unit before notifying tenants at least 24 hours prior. 

Repair and Deduct

CA Civ. Code § 1942 states that if a landlord neglects to repair the damage(s) within a reasonable time (typically 30 days) after written or oral notice, the occupant may repair the same themselves, provided the cost of such repairs doesn’t exceed one month’s rent, and deduct the expenses from the rent when due.

Note: This remedy, also called “Repair and Deduct,” is available to tenants only twice in a 12-month period. 

What Are the Procedures for Lease Termination, Eviction, and Dispute Resolution in San Diego?

Legal Termination Procedure in San Diego

Ending a lease early in San Diego comes with specific legal steps. Whether you’re a tenant or landlord, it’s important to follow the right process to avoid penalties or disputes. The following is a quick guide to help you.

Notice Requirements

• Week-to-Week Leases: 7-day notice
• Month-to-Month Leases: 30-day notice
• Quarterly Leases: No official statutes
• Annual Leases: No official statutes
• Fixed-Term Leases: 30-day notice by the tenant

Justified Reasons to Terminate Lease Early

• Unsafe or uninhabitable rental unit condition, which includes structural issues, lack of basic utilities, and pending repair(s)
• Health concerns due to exposure to asbestos or lead-based paint
• Lease agreement violations 
• Active military service member 
• Domestic violence
• Harassment

Unjustified Reasons to Terminate Lease Early 

• House upsizing or downsizing
• Shifting to be closer to a family member or close friend
• New house purchase
• Relocating for a new school or job
• Marriage
• Separation from the partner

Notice Delivery

Lease notices are considered “valid” only if delivered via in-person, left with another adult, or mailed on the recipient’s certified mailing address. 

Eviction Process in San Diego

The eviction process in San Diego must follow specific legal steps. Landlords can’t simply ask tenants to leave—they need to give proper notice, follow timelines, and go through the court if needed. Here’s a simple overview.

Serve a 3-Day Eviction Notice

In San Diego, the first step in the eviction process is to serve a suitable notice to the tenant depending on the type of violation. If the tenant doesn’t pay rent, a 3-Day Pay or Quit Notice is required to demand payment within 3 days (excluding weekends and holidays) or the lease ends. For other lease violations, like breaking rules, a 3-Day Cure or Quit Notice is to be submitted, giving the tenant up to 3 days to fix the issue or leave. If the tenant causes severe property damage, creates a public nuisance, or uses the property illegally (e.g., drug activity), an Unconditional 3-Day Quit Notice requires tenants to leave without a chance to fix it. 

Notices must be delivered personally, left with someone suitable, or posted and mailed, according to CA Civ. Code § 1162(a). 

File an Eviction Lawsuit

In case the tenant doesn’t fix a lease violation within 3 days of receiving the notice, or if the issue can’t be fixed, the landlord can file an eviction case in the Superior Court using a form called the Unlawful Detainer Complaint. This form, which must be verified, lists the landlord’s name, eviction details, property description, unpaid rent (if applicable), and proof of how the eviction notice was delivered. The landlord shall attach the notice, proof of service, and the lease agreement (if written). If documents are missing, the landlord gets 5 days to add them. 

Court Serves Tenant a Summons

After filing an eviction complaint, the court issues a summons to the tenant (Form SUM-130, available here). This document orders the tenant to appear in court on a specific date and time. 

It includes a clear warning: “You can submit written statements and present your case in court. If you don’t show up, the landlord may request a court order to take back the mobile home or property.” 

The summons must be delivered to the tenant between 8 AM and 8 PM by handing it directly to them, giving it to someone over 18 at their home, or sending it to their attorney’s office. If these fail, it can be mailed. Proof of delivery must be filed with the court within 60 days, or the case may be dismissed.

Tenant Files an Answer

The tenant has exactly 10 court days (excluding weekends and holidays) to file a response, called an Answer, explaining why they shouldn’t be evicted. This period was extended from 5 days starting January 1, 2025, under AB 2347. Tenants can download the Answer—Unlawful Detainer form online but must fill it out carefully to avoid mistakes that could lead to a default judgment. If served by mail, they get an extra 5 court days to respond (CA Civ. Code § 1167). Within 3 to 7 days of the case filing, tenants can file a motion to dispute the case, claiming issues like improper court jurisdiction (CA Civ. Code § 1167.4). 

Without good reason, delays can’t exceed 10 days without the landlord’s approval. If the tenant doesn’t respond, the landlord may win a default judgment or get immediate property possession (CA Civ. Code § 1166(a)). If the tenant responds, a hearing is set within 20 days (CA Civ. Code § 1170.5(a)).

Attend the Court Hearing

The landlord should bring the lease, eviction notice with proof it was delivered, the complaint, and proof of the tenant’s lease violation on the day of court hearing. Both sides share their views and evidence with the judge, who decides who gets to keep the property. If the landlord wins, the court issues a writ of restitution, giving them immediate control of the property. This costs the landlord at least $25 and may be processed the same day or soon after. If the tenant doesn’t show up, the landlord automatically wins the case (CA Civ. Code § 1169).

Tenant Gets up to 5 Days to Move Out

The landlord must deliver the court-issued Writ of Restitution to the sheriff’s office, and they will either hand it directly to the tenant or post it at the property. Once served, the tenant has 5 days to vacate the rental unit, per CA Civ. Code § 715.010(b)(2). However, tenants can ask the court for a delay, called a stay of execution. If they provide a good reason, the court may pause the eviction for up to 40 days. 

Sheriff Forcibly Removes the Tenant

A levying officer gives a court order, called a writ, to a tenant. After 5 days, the officer checks if the tenant has left. If the tenant hasn’t moved out, the officer removes them, using force if necessary, and returns the property to the landlord (CA Civ. Code § 714.020). This clear process helps landlords take back their property fast. 

It works like this: deliver the writ, wait five days, inspect the place, and, if the tenant’s still there, evict them to give the property back to the owner.

Dispute Resolution Options in San Diego

If you’re a landlord or tenant in San Diego facing a disagreement, there are several ways to solve the issue without going to court. Below is a quick look at the main options available to help resolve disputes fairly. 

Talking It Out (Negotiation)

The easiest way to resolve a dispute is by talking directly with the other party. A calm, respectful conversation can often clear up misunderstandings. For example, if a tenant needs repairs, they should send a written request to the landlord, clearly stating the issue. Landlords must respond to habitability concerns, like plumbing or heating issues, within a reasonable time. If talking face-to-face feels tough, writing a polite letter or email can work just as well. This approach is free and can prevent further conflict. 

Mediation

Mediation is a popular choice in San Diego for disputes that need a neutral third party. Organizations like CSA San Diego County Fair Housing offer mediation to help landlords and tenants reach an agreement. A mediator listens to both sides and guides them toward a solution, like agreeing on repair timelines or payment plans. Mediation is confidential, less formal than court, and often low-cost or free through community programs. It’s ideal for issues like security deposit disputes, discrimination, or disagreements over lease terms. 

Small Claims Court

For disputes involving money, like unpaid rent or security deposit issues, small claims court is a straightforward option. Both parties present their case to a judge without needing a lawyer. Filing is affordable, and cases are usually resolved quickly. San Diego’s Superior Court handles these cases, and resources are available to guide both groups through the process.

Legal Aid and Clinics

San Diego offers free or low-cost legal help for tenants and landlords. The Legal Aid Society of San Diego runs an Unlawful Detainer Clinic at the Hall of Justice (330 W. Broadway), providing guidance on eviction notices or lease disputes. 

The San Diego Volunteer Lawyer Program also offers a Remote Eviction Notice Legal Clinic for low-income tenants, focusing on issues like unlawful rent increases or “cash for keys” agreements. These services help explain rights and prepare documents, making them a great resource for those who can’t afford a lawyer.

Arbitration

Arbitration is another widely used option, where a neutral arbitrator hears both sides and makes a binding decision. Services like the San Diego Mediation Center offer arbitration for disputes over lease terms or repairs. It’s faster than court, costs less than hiring a lawyer (typically $200-$400), and is legally enforceable. Both parties agree to follow the arbitrator’s ruling, making it a reliable way to settle conflicts.

What Are Landlords’ and Tenants’ Responsibilities in San Diego?

Landlord Responsibilities in San Diego

If you’re a landlord in San Diego, it’s important to know your legal duties. From keeping the property safe to handling repairs on time, here’s a quick look at the key responsibilities you must follow.

Disclose Relevant Information

Landlords shall disclose the following information when signing a lease with a new tenant in San Diego:

• Plan to demolish the property in the future
• Access to the Registered Sexual Offender Database 
• Locations of ordinances
• Smoking policy
• Whether a tenant will be paying for others’ utilities
• Death on the premises within the past 3 years
• Mold
• Methamphetamine contamination
• Pest control history
• Flood potential
• Bed bug information 

Keep Premises Liveable

Landlords are required to keep the rental unit habitable before signing a lease and throughout the lease duration. In other words, it shouldn’t lack any of the standard characteristics described in Section 17920.3 of the Health and Safety Code. 

Return the Security Deposit

The security deposit, minus deductions for any unpaid rent or excessive wear and tear, must be returned within 21 days of the tenant moving out. The landlord must also attach a copy of any invoices or receipts along with an itemized statement for deductions exceeding $125.

Provide Reasonable Accommodations to the Tenants

Tenants with disabilities can request or demand reasonable accommodations from landlords in order to fully use and enjoy the rental apartment. This includes adjusting rules or policies, allowing or making certain physical modifications, etc. 

No Retaliation

CA Civ. Code § 1942.5(a) bars landlords from retaliating against tenants for exercising their rights, such as complaining to an appropriate agency for code violation(s), requesting repairs, or joining tenant unions for valid purposes. 

Give Notice for Rent Increases

In accordance with the CA Civ. Code § 827, a 30-day notice shall be delivered to tenants if the proposed rent increase is 10% or less of the rental amount charged at any time during the 12 months. If the rent is to be increased by more than 10% of the existing amount, tenants are entitled to at least 90 days’ written notice from landlords.

Provide Relocation Assistance 

Tenants evicted through no fault of their own must be provided with relocation assistance, including 2 months’ rent for regular tenants, 3 months’ rent for senior tenants or tenants with disabilities, advance notice for substantial renovations, and options for temporary relocation.

Tenant Responsibilities in San Diego

Tenants have certain responsibilities to keep their rental homes safe and in good condition. Knowing these duties helps avoid problems with landlords and ensures a smooth rental experience for everyone.

Follow the Lease Agreement Terms

The law requires tenants to follow the lease agreement terms throughout the tenancy, which includes:

• Rent
• Security deposit 
• Initially amount due
• Late charges/returned checks
• Occupancy/guests
• Possession of premises
• Pets
• Care and maintenance

You can refer to this agreement to rent or lease for complete details. 

Keep the Rental Unit Clean

Residents on a lease are required to keep the rental as clean and sanitary as possible under state law, meaning they must dispose of garbage on time, avoid causing damage beyond normal and tear, and use utilities in a responsible manner. 

Pay the Rent on Time

Tenants must pay the rent in advance on or before the first day of each month without deduction or offset. It can be paid using a personal check, cashier’s check, or money order. However, the initial payment (first month’s rent) shall only be paid via a cashier’s check or money order. If the tenant is moving in mid-month, the rent for the partial month is calculated based on a 30-day month, and this amount plus the full rent for the next month is due on or before the first day of the second month of residency.

Notify the Landlord of Any Repair Work

It’s the responsibility of tenants to promptly notify landlords of any major repair work, especially if it could impact the rental’s health or safety standards. 

San Diego Landlord-Tenant Rental Laws

The City of San Diego has specific rental laws that protect both landlords and tenants. These rules help avoid legal issues and keep rental agreements fair, as discussed below. 

Rent Control Law

Tenant Protection Act (AB 1482) applies statewide rent control in the whole of California, including San Diego, to protect renters from sudden, unaffordable rent hikes. It prohibits residential real property owners from increasing gross rental rate by 5% plus the local inflation rate (CPI) or 10%, whichever is lower, until January 1, 2030. That is, for any rent increases that take effect on August 01, 2024 through July 31, 2025, the allowable increase is 8.6%. 

AB 1482, however, doesn’t apply to:

• Housing units constructed in the past 15 years
• Affordable and school-owned housing units
• Residential units subject to local rent control
• Single-family home
• Condos with no corporate ownership
• Duplexes, provided the owner lives in other unit

Buyout Agreement

In San Diego, a buyout agreement is when a landlord offers a tenant money or benefits to leave their rental home voluntarily. Before offering, landlords must give tenants a written notice explaining their rights, like refusing the offer or consulting a lawyer. The agreement must be written, include specific statements in bold letters in at least 14-point font in close proximity to the space reserved for the signature of the tenant, and not offer less than any owed relocation assistance. 

If rules aren’t followed, the agreement is considered void. Tenants can also refuse future offers for 6 months by notifying the landlord in writing.

Notice of Entry Law

San Diego’s notice of entry law requires landlords to provide tenants with at least 24 hours’ written notice before entering a rental unit, except in emergencies like a fire or flood. The notice must contain all relevant information, such as when they’ll come for a visit (must be during normal business hours, excluding weekends and holidays) and why, like for repairs or showing the place to prospective buyers, other tenants, or mortgagees. If mailed, it needs 6 days’ notice. 

Tenants can voluntarily agree to let the landlord in without prior notice, but landlords can’t enter whenever they want—only for specific reasons like fixing something or checking the property.

👉 Explore landlord tenant rights in other US regions:

• California Landlord Tenant Rights
• Colorado Landlord Tenant Rights
• New Jersey Landlord Tenant Rights 
• Landlord Tenant Rights in Georgia
• Massachusetts Landlord-Tenant Rights
• Landlord Tenant Rights in Arizona
• Important Landlord Tenant Rights in Ohio
• Landlord-Tenant Rights in Texas 
• Oregon landlord tenant rights

How RentPost Supports San Diego Landlords & Tenants

RentPost helps landlords and tenants in San Diego maintain smoother, more transparent communication through one simple online platform. With local rental laws and tenant protections in place, staying organized is key.

How It Works

RentPost gives each user—landlord, tenant, owner, or vendor—their own login portal. Here’s what it helps you do:

• Landlords/Property Managers
  
  • Track rent collection in real-time
  • Manage work orders and assign them to vendors
  • View lease terms, deposits, and tenant history
  • Automate accounting, reports, and fee structures
  • Handle San Diego-specific unit data and occupancy levels
    
• Tenants
  
  • Pay rent securely online (card or bank)
  • Submit maintenance requests
  • Message landlords or managers directly
  • Track rental history and lease details
    
• Owners & Vendors
  
  • Owners get financial updates and portfolio stats
  • Vendors can get work orders and update status

The software simplifies rental operations from move-in to move-out with tools like tenant screening, leasing workflows, document tracking, and unit-based dashboards.

👉 Schedule your free RentPost demo today—no commitment, just smarter property management.

Frequently Asked Questions (FAQs)

What Tenant Rights Apply in San Diego When the Landlord Sells the House?

When a landlord sells a house in San Diego, tenants with a fixed-term lease can stay until it expires. Month-to-month tenants get a 60-day notice if they’ve lived there a year or more, or 30 days if less. In addition, the new owner shall respect tenants’ right to privacy. 

What Are the Notice-to-Vacate Requirements Under San Diego Landlord-Tenant Law?

In San Diego, landlords must give written notice to vacate: 60 days for month-to-month tenants of a year or more, 30 days for less. For no-fault evictions, like selling the property, tenants may get relocation help. Fixed-term lease tenants can stay until the lease ends unless just cause applies. 

What Does San Diego Landlord-Tenant Law Stipulate Regarding Security Deposits?

San Diego follows California law regarding security deposits, i.e., landlords can charge up to one month’s rent in deposit. They must return it within 21 days after a tenant moves out, with a list of any deductions for unpaid rent or damages. Deductions can’t include normal wear and tear.

Does San Diego Landlord-Tenant Law Apply to Commercial Leases?

No, San Diego’s landlord-tenant laws, like the Tenant Protection Ordinance, only cover residential properties, such as houses and apartments. Commercial leases, like those for businesses or offices, follow different rules under San Diego state law. These focus on contract terms and don’t include tenant protections like those for homes. 

Is San Diego a Landlord-Friendly State?

San Diego is moderately landlord-friendly but leans toward tenant protections. Laws favor tenants with strong eviction rules and relocation help for no-fault evictions. However, landlords can still screen tenants, charge reasonable fees, and evict for valid reasons. Exemptions for single-family homes make it easier for some landlords.

Does San Diego Have Rent Control?

San Diego doesn’t have traditional rent control on its own but follows California’s Tenant Protection Act. This caps annual rent increases at 5% plus inflation, up to 10%, for most properties. New buildings and single-family homes not owned by corporations are, however, exempted.