San Diego, CA Rental Property Rules: Tenant Anti-Harassment (2026)
Key Facts
- Local TAHO
- None enacted
- State threats statute
- Cal. Civ. Code §1940.2
- Retaliation statute
- Cal. Civ. Code §1942.5
- Per-violation penalty
- Up to $2,000
- Local backstop
- SDMC §98 (eviction-only)
Summary
San Diego has not enacted a comprehensive Tenant Anti-Harassment Ordinance like Los Angeles. Tenants rely on California Civil Code §1940.2, §1942.5, and general unfair-business statutes when landlords retaliate or harass.
(a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling: (1) Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code. (2) Engage in conduct that violates Section 518 of the Penal Code. (3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenant's quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this paragraph requires a tenant to be actually or constructively evicted in order to obtain relief. (4) Commit a significant and intentional violation of Section 1954. (5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. [...] (b) A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.
Full Breakdown
Unlike Los Angeles or Oakland, San Diego has not adopted a standalone Tenant Anti-Harassment Ordinance creating a private right of action with statutory damages for landlord harassment. Tenants must instead rely on California state remedies. Civil Code §1940.2 prohibits forcible entry, threats, and fraud aimed at making tenants vacate. Civil Code §1942.5 prohibits retaliation against tenants who exercise habitability or eviction-defense rights. Business and Professions Code §17200 covers unfair-business-practice claims. The city's Tenants' Right to Know Ordinance (SDMC §98) limits eviction grounds but does not separately penalize harassment short of an eviction attempt.
Violations & Fines
Civil Code §1940.2 violations carry penalties up to $2,000 per incident plus actual damages. Section 1942.5 retaliation can trigger punitive damages. Section 17200 claims allow restitution and injunctive relief.
Frequently Asked Questions
Does San Diego have a tenant harassment ordinance?
What if my landlord shuts off utilities to force me out?
Sources & Official References
Other rules in San Diego
California rules heatmap·Compare San Diego to another location·View the California rental property rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.