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San Diego, CA Rental Property Rules: No-Fault Evictions (2026)

Some Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

Code: SDMC §98.0730
State backstop: AB-1482 (Cal. Civ. Code §1946.2)
Relocation: Two months rent + bonus
Owner-occupancy minimum: 12 consecutive months
Substantial remodel: 30+ day vacancy required

Summary

San Diego's Tenants' Right to Know Ordinance (SDMC §98) and California AB-1482 limit no-fault evictions to enumerated reasons such as owner move-in, substantial remodel, withdrawal from market, and government orders, each requiring relocation pay.

1946.2. (a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied: (1) All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more. (2) One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more.

Source: SDMC §98.0730 No-Fault GroundsView official code

Full Breakdown

SDMC §98.0730 enumerates no-fault grounds: owner or qualifying relative move-in, withdrawal of unit from rental market under the Ellis Act, substantial remodel requiring vacancy of at least 30 days, and compliance with a government or court order. The state Tenant Protection Act of 2019 (AB-1482, Cal. Civ. Code §1946.2) imposes parallel limits on units it covers. Landlords must serve the tenant a written notice stating the specific just-cause ground, file a copy with the city, and pay relocation before the move-out date. Owner move-in requires the relative to actually occupy the unit within 90 days for at least one year.

Violations & Fines

Improper notices, bad-faith owner move-ins, or unpaid relocation each void the eviction. Landlords also face civil penalties, treble damages for fraud, and code-enforcement orders from city Development Services.

Frequently Asked Questions

What counts as a substantial remodel?

Work that requires a building permit, takes the unit off the market for at least 30 days, and cannot be completed safely with the tenant in place. Cosmetic upgrades alone do not qualify.

Can the landlord re-rent at higher price after owner move-in?

Not for at least 12 months. If the relative does not move in within 90 days or vacates early, the original tenant may sue for damages and the eviction may be reversed.

Sources & Official References

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