§98.0706 Requirements Upon Termination of Tenancy — San Diego Zoning Code

(a) Requirements Upon Termination of Tenancy for At-Fault Just Cause. If a landlord issues a termination notice for at-fault just cause, the landlord shall do the following:
- (1) Notice to Tenant . Before a landlord issues a notice to terminate a tenancy for at-fault just cause that is a curable lease violation, the landlord shall first give written notice of the violation including a description of the violation and an opportunity to cure the violation under California Code of Civil Procedure section 1161(3), as may be amended. If the violation is not cured within the time period in the notice, the landlord may terminate the tenancy without another opportunity to cure by serving a three-day notice to quit.
- (2) Notice to Commission . The landlord shall provide written notice to the Commission of the at-fault just cause termination of tenancy under section 98.0704(a) no later than three business days after the date the landlord provided the required notice to tenant . Section 98.0706(a)(2) shall not apply until 30 days after the Commission establishes a submission portal and provides the public notice of its creation.
(b) Requirements Upon Termination of Tenancy for No-Fault Just Cause. If a landlord issues a termination notice for no-fault just cause, the landlord shall do the following:
- (1) Notice to Tenant . The landlord shall give written notice to the tenant at least 30 or 60 days prior to the proposed date of termination as required by California Civil Code section 1946.1, as may be amended, in no less than 12-point font. The written notice shall contain the following:
  - (A) The landlord shall provide a description of the basis for the termination.
  - (B) The notice shall state the tenant’s right to relocation assistance established in section 98.0706(c) by a direct payment to the tenant or rent waiver.

Ch. Art. Div. 9 8 7 13

San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

(3-2024)

     - (i) If the _landlord_ elects to provide relocation assistance by a direct payment to the _tenant_ , the notice shall state the amount of relocation assistance available to the _tenant_ and that the _landlord_ shall provide the payment within 15 days from the date of the notice. 

     - (ii) If the _landlord_ elects to provide relocation assistance by rent waiver, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the _tenancy_ . 

  - (C) The notice shall state the _tenant’s_ right to receive an offer to renew the _tenancy_ established in section 98.0706(d) and 30 days to accept the offer in the event the _residential rental property_ is offered again for rent or lease for residential purposes within five years of the date the _tenant_ was evicted under sections 98.0704(b)(1), (3), or (4), and that to exercise such right, the _tenant_ :

tice shall state the tenant’s right to receive an offer to renew the tenancy established in section 98.0706(d) and 30 days to accept the offer in the event the residential rental property is offered again for rent or lease for residential purposes within five years of the date the tenant was evicted under sections 98.0704(b)(1), (3), or (4), and that to exercise such right, the tenant :

     - (i) shall notify the _landlord_ in writing within 30 days of the termination notice of _tenant’s_ desire to receive an offer to renew the _tenancy_ ; 

     - (ii) provide the _landlord_ a mailing address or email address for the _landlord_ to send the offer; and 

     - (iii) provide the _landlord_ a change of mailing address or email address.

(2) Notice to Commission . The landlord shall provide written notice to the Commission of the no-fault just cause termination of tenancy under section 98.0704(b) no later than three business days after the date the landlord provided the required notice to tenant . Section 98.0706(b)(2) shall not apply until 30 days after the Commission establishes a submission portal and provides the public notice of its creation.
(c) Relocation Assistance for Termination of Tenancy for No-Fault Just Cause.
- (1) The landlord shall, regardless of the tenant’s income or length of tenancy and at the landlord’s option, provide relocation assistance to the tenant by one of the following:

Ch. Art. Div. 9 8 7 14

San Diego Municipal Code (3-2024)

Chapter 9: Building, Housing and Sign Regulations

  - (A) The _landlord_ shall provide a direct payment to the _tenant_ . 

     - (i) Unless section 98.0706(c)(1)(A)(ii) applies, the direct payment to the _tenant_ shall be in an amount equal to two months of actual rent under the _tenant’s lease_ in effect at the date of the notice. 

     - (ii) If the _tenant_ is a _senior_ or _disabled_ , the direct payment to the _tenant_ shall be in an amount equal to three months of actual rent under the _tenant’s lease_ in effect at the date of the notice. 

  - (B) The _landlord_ shall waive, and not collect the payment by _tenant_ , of any currently due or future rent under the _tenant’s lease_ at the time of the notice and through the remainder of the _tenancy_ in an amount equal to the applicable direct payment as set forth in section 98.0706(c)(1)(A).

(2) When more than one tenant occupies the residential rental property and the landlord elects to provide direct payment of relocation assistance to the tenants , the landlord may make a single direct payment to all the tenants named in the lease .
(3) The relocation assistance required by this Division shall not relieve the landlord’s obligation to, and shall be in addition to, the return of any deposit or security amounts owed to the tenant .
(4) Any relocation assistance required by this Division shall be credited against any other relocation assistance required by any federal, state, or other local law.
(5) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy , the actual amount of any relocation assistance provided under this Division may be recoverable by landlord as damages in an action to recover possession of the residential rental property .
(d) Additional Requirement Upon Termination of a Tenancy for No-Fault Just Cause.

Ch. Art. Div. 9 8 7 15

San Diego Municipal Code

Chapter 9: Building, Housing and Sign Regulations

(3-2024)

If a residential rental property is offered for rent or lease for residential purposes within five years of the date the tenant was evicted under sections 98.0704(b)(1), (3), or (4), landlord shall first offer to lease the residential rental property in writing to the tenant displaced from that unit by the no-fault just cause termination if the tenant :

(1) advised the landlord in writing within 30 days of the termination notice of the tenant’s desire to receive an offer to renew the tenancy ; and
(2) provided the landlord a mailing address or email address for the landlord to send the offer, including any change of mailing address or email address.

The landlord shall have the right to screen the tenant using industry accepted methods and shall communicate the minimum screening criteria in the written offer for the new tenancy . The tenant shall have 30 days from the date of receipt of the offer to accept.

(e) In addition to other remedies applicable to landlord’s failure to comply with this Division, a landlord's failure to strictly comply with section 98.0706 shall render void any notice of termination required by section 98.0706.

(“Requirements Upon Termination of Tenancy” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)