§98.1204 Written Notice — San Diego Zoning Code

(a) To charge utility fees to a tenant as authorized by section 98.1203, the landlord shall either:
- (1) Provide the tenant written notice in the lease that the tenant will be charged a utility fee for utility services the tenant consumes; or

Ch. Art. Div. 9 8 12 2

San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

(8-2025)

(2) Provide written notice, by delivering a copy to the tenant personally or by serving a copy by mail under the procedures prescribed in section 1162(a) of the Code of Civil Procedure, to all tenants residing at the residential rental property that will be charged a utility fee for utility services the tenant consumes . Landlords providing written notice under subsection 98.1204(a)(2) shall do so at least 30 calendar days in advance of charging the tenant a utility fee .
(b) If a landlord began charging tenants for utility fees prior to the effective date of this Division, written notice required under section 98.1204(c) shall be provided no later than 90 calendar days after this Division is in effect.
(c) All written notices provided under section 98.1204 shall inform tenants of the landlord’s obligations under sections 98.1204 and 98.1205. The notice shall include the following language:
- Equitable Fees and Right to Notice: The City of San Diego allows landlords to charge you a utility fee for water, sewer, stormwater, and trash and recycling services if (i) the utility fee is not greater than the amount the landlord pays for your utility services, (ii) you are provided written notice that a utility fee for utility services will be charged, and (iii) upon request, the landlord provides you with a copy of the utility or tax bill and the calculations used to determine the amount of the utility fee you are charged, if that applies.
- (“Written Notice” added 7-18-2025 by O–21987 N.S.; effective 8-17-2025.)