San Diego Municipal Code § 98.0707 Buyout Agreements

(“Tenants’ Right to Know Regulations” added 3–30–2004 by O–19269 N.S.) (Retitled to “Residential Tenant Protections” on 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)

The purpose and intent of this Division is to promote stability in the San Diego rental housing market and limit adverse impacts on displaced tenants forced to find replacement housing in the expensive and limited San Diego housing market. This Division protects the rights of tenants by requiring just cause for termination of a tenancy consistent with California Civil Code section 1946.2, limiting the grounds for termination of a tenancy, requiring greater tenant relocation assistance in specified circumstances, and providing additional tenant protections. The rights conferred by this Division are in addition to any existing rights provided to tenants by state or federal law. (“Purpose of Tenants’ Right to Know Regulations” added 3–30–2004 by O-19269 N.S.) (Retitled to “Purpose and Intent” and amended 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)

For the purposes of this Division, defined terms appear in italics. The following definitions apply in this Division:

Buyout agreement means an agreement where the landlord pays the tenant money or
other consideration to vacate the residential rental property. A buyout agreement
does not include an agreement to settle a pending unlawful detainer action.

Buyout offer means any discussion or bargaining, whether oral or written, between a
tenant and a landlord regarding the possibility of entering into a buyout agreement. A
counteroffer by the tenant does not end discussion or bargaining of a buyout offer.

Commission means the San Diego Housing Commission.

Disabled means any person with a disability as defined in California Government
Code section 12955.3, as may be amended.

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Dwelling unit has the same meaning as in San Diego Municipal Code section 113.0103, as may be amended.

Family trust means a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child (by blood or adoption), parent, grandparent, or grandchild (by blood or adoption).

Landlord means an owner and any person, acting as principal or through an agent, who has the right to offer residential rental property for rent, and includes a predecessor in interest to the landlord.

Lease means any lease, sublease, or agreement, written or oral, for the use and occupancy of residential rental property.

Natural person includes a natural person who is a settlor or beneficiary of a family trust; or if the residential rental property is owned by a limited liability company or partnership, a natural person with a 25 percent ownership in the residential rental property.

Non-profit transitional housing means temporary housing operated by a non-profit organization for up to 24 months with supportive services to individuals and families

with the goal of interim stability and support to successfully move to and maintain permanent housing, which may cover housing costs and accompanying supportive services for program participants.

Owner means a natural person that has at least a 25 percent recorded ownership interest in the residential rental property; a natural person who has any recorded ownership interest in the residential rental property if 100 percent of the recorded ownership is divided among owners who are related to each other as sibling, spouse, domestic partner, child (by blood or adoption), parent, grandparent, or grandchild (by blood or adoption); or a natural person whose recorded interest in the residential rental property is owned through a limited liability company or partnership.

Residential rental property means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park.

Retaliation means any threat or any other adverse action against a tenant for exercising or attempting to exercise any right guaranteed under this Division.

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Section 8 means residential rental property in which the tenant receives tenant-based housing assistance under Section 8 of the United States Housing Act of 1937, also known as the Housing Choice Voucher Program.

Senior means any person 62 years old or older.

Tenancy means the lawful right or entitlement of a tenant to continuously use or occupy a residential rental property for more than 30 days. A tenancy does not include a lease for a fixed-term of three months or less, including any extensions or renewals of that lease for a fixed-term of three months or less.

Tenant means a tenant, subtenant, lessee, sublessee, or any other natural person entitled to lease any residential rental property. (“When Tenants’ Right to Know Regulations Apply” added 3–30–2004 by O-19269 N.S.) (Retitled to “Definitions” and amended 5-25-2023 by O-21647 N.S.; effective 6-24-2023.) (Amended 2-27-2024 by O-21769 N.S.; effective 3-28-2024.)

This Division shall not apply to the following types of residential rental properties or residential circumstances:

(a) transient and tourist hotel occupancy as defined in California Civil Code
section 1940(b), as may be amended;

(b) short-term residential occupancy, as defined in and subject to Chapter 5,
Article 10, Division 1 of this Code, as may be amended;

(c) housing restricted by deed, regulatory restriction contained in an agreement
with a government agency, or other document as affordable housing for
persons and families of very low, low, or moderate income, as defined in
California Health and Safety Code section 50093, as may be amended;

(d) housing subject to an agreement that provides housing subsidies for affordable
housing for persons and families of very low, low, or moderate income, as
defined in California Health and Safety Code section 50093, as may be
amended, or comparable federal statutes. This exemption shall not include
Section 8;

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(e) mobilehomes subject to the Mobilehome Residency Law (California Civil
Code sections 798-799.11), as may be amended;

(f) housing accommodations in a nonprofit hospital, religious facility, extended
care facility, licensed residential care facility for the elderly, as defined in
California Health and Safety Code section 1569.2, as may be amended, an
adult residential facility, as defined in Title 22, Division 6, Chapter 6 of the
Manual of Policies and Procedures published by the California Department of
Social Services, as may be amended, or non- profit transitional housing;

(g) dormitories owned and operated by an institution of higher education or an
institution offering instruction to any grade from kindergarten through 12;

(h) residential rental property in which the tenant shares bathroom or kitchen
facilities with the landlord who maintains their principal residence at the
residential rental property;

(i) single-family residence occupied by the landlord as the landlord’s principal
place of residence, including both of the following:

(1) a residence in which the landlord-occupant rents or leases no more than two bedrooms, two accessory dwelling units, or two junior accessory dwelling units, as defined in section 113.0103; and

(2) a mobilehome.

(j) a property containing two separate dwelling units within a single structure in
which the landlord occupies one of the dwelling units as the landlord’s
principal place of residence at the beginning of the tenancy, so long as the
landlord continues in occupancy;

(k) housing that has been issued a certificate of occupancy within the previous
15 years, unless the housing is a mobilehome; and

(l) residential rental property, including a mobilehome, that is alienable separate
from the title to any other dwelling unit, provided that both of the following
apply:

(1) The landlord is not any of the following:

(A) a real estate investment trust, as defined in California Internal
Revenue Code section 856, as may be amended;

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(B) a corporation;

(C) a limited liability company in which at least one member is a
corporation; or

(D) management of a mobilehome park, as defined in California
Civil Code section 798.2, as may be amended.

(2) The tenants have been provided written notice that the residential
rental property is exempt from this Division using the following
statement:

This property is not subject to the just cause requirements of
Chapter 9, Article 8, Division 7 of the San Diego Municipal
Code. This property meets the requirements of San Diego
Municipal Code section 98.0703(l) and the landlord is not any
of the following: (1) a real estate investment trust, as defined
by California Internal Revenue Code section 856; (2) a
corporation; (3) a limited liability company in which at least
one member is a corporation; or (4) management of a
mobilehome park, as defined in California Civil Code
section 798.2.

For a tenancy existing before January 1, 2024, the notice required
above may be provided in the lease. For a tenancy commenced or
renewed on or after January 1, 2024, the notice required above shall be
provided in the lease.
(“Exemptions” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)

A landlord shall not terminate a tenancy without just cause. For purposes of this Division, just cause includes at-fault just cause and no-fault just cause.

(a) At-Fault Just Cause. At-fault just cause is any of the following:

(1) a default in the payment of rent;

(2) a breach of a material term of the lease, as described in California
Code of Civil Procedure section 1161(3), as may be amended,
including violation of a provision of the lease after being issued a
written notice to correct the violation;

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(3) the maintaining, committing, or permitting the maintenance or
commission of a nuisance as described in California Code of Civil
Procedure section 1161(4), as may be amended;

(4) the committing of waste as described in California Code of Civil
Procedure section 1161(4), as may be amended;

(5) where the tenant has a written lease that terminated on or after
June 24, 2023 and after receiving a written request or demand from the
landlord, the tenant refused to execute a written extension or renewal
of the lease for a substantially similar duration and with substantially
similar provisions, provided the terms of the extension or renewal do
not violate this Division or any other provision of law;

(6) criminal activity by the tenant on the residential rental property,
including any common areas associated with the residential rental
property;

(7) a criminal threat, as defined in California Penal Code section 422(a),
as may be amended, by the tenant regardless of where made directed
at the tenant’s landlord or any other tenant of the residential rental
property;

(8) the tenant’s assignment or sublet of the residential rental property in
violation of the tenant’s lease, as described in California Code of Civil
Procedure section 1161(4), as may be amended;

(9) the tenant’s refusal to allow the landlord to enter the residential rental property as authorized by California Civil Code sections 1101.5 and 1954, as may be amended, and California Health and Safety Code sections 13113.7 and 17926.1, as may be amended;

(10) the tenant’s use of the residential rental property for an unlawful
purpose as described in California Code of Civil Procedure
section 1161(4), as may be amended;

(11) where the tenant is an employee, agent, or licensee of the landlord and
the tenant fails to vacate the residential rental property after their
termination as an employee, agent, or licensee as described in
California Code of Civil Procedure section 1161(1), as may be
amended; and

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(12) when the tenant fails to deliver possession of the residential rental
property after providing the landlord written notice as provided in
California Civil Code section 1946, as may be amended, of the
tenant’s intention to terminate the tenancy, or the tenant makes a
written offer to surrender the residential rental property that is
accepted in writing by the landlord, but fails to deliver possession at
the time specified in that written notice as described in California
Code of Civil Procedure section 1161(5), as may be amended.

(b) No-Fault Just Cause. No-fault just cause is any of the following actions
taken by the landlord in good faith, meaning the landlord acts without ulterior
motives and with honest intent:

(1) The owner seeks to recover possession to occupy the residential rental
property for the owner or their spouse, domestic partner, child (by
blood or adoption), grandchild (by blood or adoption), parent, or
grandparent for a minimum of 12 continuous months as that person’s
primary residence.

(A) For leases entered into on or after June 24, 2023, section
98.0704(b)(1) shall apply only if the tenant agrees to the
termination in writing or if the lease expressly allows the
owner to terminate the lease if the owner unilaterally decides
to occupy the residential rental property for the owner or their
spouse, domestic partner, child (by blood or adoption),
grandchild (by blood or adoption), parent, or grandparent.

(B) For tenancies in effect prior to June 24, 2023, the addition of a
provision allowing the owner to terminate the lease as
described in section 98.0704(b)(1) to a new lease, renewed
lease, or fixed-term lease constitutes a substantially similar
provision for the purposes of section 98.0704(a)(5).

(C) Section 98.0704(b)(1) does not apply if the intended occupant
occupies a rental unit on the property or if a vacancy of a
similar unit already exists at the property.

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San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (3-2024)

(D) The written notice terminating a tenancy for just cause under
section 98.0704(b)(1) shall contain the name or names and
relationship to the owner of the intended occupant. In addition,
the written notice shall include notification that the tenant may
request proof that the intended occupant is the owner or related
to the owner. The owner shall provide tenant the proof upon
request, which may include an operating agreement and other
non-public documents.

(E) Section 98.0704(b)(1) applies only if the intended occupant
moves into the residential rental property within 90 days after
the tenant vacates and occupies the residential rental property
for at least 12 continuous months.

(F) If the intended occupant does not occupy the residential rental
property within 90 days after the tenant vacates or does not
occupy the residential rental property for at least 12
continuous months, the owner shall offer the residential rental
property to the tenant who vacated it at the same rent and lease
terms in effect at the time the tenant vacated and shall
reimburse the tenant for reasonable moving expenses incurred
in excess of any relocation assistance that was paid to the
tenant in connection with the written notice terminating the
tenancy.

(G) If the intended occupant moves into the residential rental
property within 90 days after the tenant vacates, but dies
before having occupied the residential rental property as a
primary residence for 12 continuous months, this will not be
considered a failure to comply with section 98.0704(b)(1) or a
violation of section 98.0704(b)(1) by the owner.

(H) For a new tenancy commenced during the time periods in
section 98.0704(b)(1)(E), the residential rental property shall
be offered and rented or leased at the lawful rent in effect at the
time any written notice of terminating a tenancy is served.

(I) For purposes of section 98.0704(b)(1), intended occupant
means the owner or their spouse, domestic partner, child (by
blood or adoption), grandchild (by blood or adoption), parent,
or grandparent.

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San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (3-2024)

(2) The landlord seeks to recover possession to withdraw the residential rental property from the rental market.

(3) The landlord seeks to recover possession to comply with any of the
following:

(A) an order issued by a government agency or court relating to
habitability that requires vacating the residential rental
property for at least 30 days. An order issued by a government
agency or court relating to habitability that requires vacating
the residential rental property for fewer than 30 days is not
grounds to terminate a tenancy for just cause and a landlord
may be required by applicable state or federal law to provide
tenant relocation benefits;

(B) an order issued by a government agency or court to vacate the
residential rental property; or

(C) a local ordinance that requires vacating the residential rental
property.

If any government agency or court determines that the tenant is at fault
for the condition or conditions triggering the order or need to vacate
under section 98.0704(b)(3), the tenant shall not be entitled to any
relocation assistance provided in section 98.0706(c).

(4) The landlord seeks to recover possession to demolish or to
substantially remodel the residential rental property.

(A) For purposes of section 98.0704(b)(4), substantially remodel
means either of the following that cannot be reasonably
accomplished in a safe manner with the tenant in place and that
requires the tenant to vacate the residential rental property for
at least 30 continuous days:

(i) the replacement or substantial modification of any
structural, electrical, plumbing, or mechanical system
that requires a permit from a governmental agency; or

(ii) the abatement of hazardous materials, including lead-
based paint, mold, or asbestos, in accordance with
applicable federal, state, and local laws.

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(B) For purposes of section 98.0704(b)(4), a tenant is not required
to vacate the residential rental property on any days where a
tenant could continue living in the residential rental property
without violating federal, state, or local laws regarding health,
safety, and habitability. Cosmetic improvements alone,
including painting, decorating, and minor repairs, or other
work that can be performed safely without having the
residential rental property vacated, do not qualify as
substantial remodel.

(C) If permits are required for the demolition or substantial
remodel of the residential rental property, landlord shall:

(i) post at the residential rental property a copy of the
application for the necessary permits within three
business days of submittal of the application; and

(ii) secure permits necessary for the demolition or
substantial remodel of the residential rental property
prior to issuing the written notice required in section
98.0704(b)(4)(D).

(D) A written notice terminating a tenancy for just cause under
section 98.0704(b)(4) shall include all the following, certified
under penalty of perjury:

(i) A statement informing the tenant of the landlord’s
intent to demolish or substantially remodel the
residential rental property.

(ii) The following statement:

If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the landlord must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the landlord at the rental rate that was in effect at the time you vacated. You must notify the landlord within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the landlord of your acceptance of the offer.

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(iii) A description of the substantial remodel to be
completed with the approximate expected duration of
the substantial remodel or, if the residential rental
property is to be demolished, the expected date by
which the residential rental property will be
demolished, together with the following:

(I) a copy of the permits necessary for the
demolition or substantial remodel; or

(II) only if a notice is issued under section
98.0704(b)(4)(A)(ii) and the substantial remodel
does not require any permit, a copy of the
signed contract with the contractor hired by the
landlord to complete the substantial remodel
that reasonably details the work that will be
undertaken to abate the hazardous materials as
described in section 98.0704(b)(4)(A)(ii).

(iv) A statement stating why the work cannot be reasonably
accomplished in a safe manner with the tenant in place
and requires the tenant to vacate the residential rental
property for at least 30 continuous days.

(v) A notification to tenant in compliance with section
98.0706(b)(1)(C).
(“Just Cause Required for Termination of Tenancy” added 5-25-2023 by
O-21647 N.S.; effective 6-24-2023.)
(Amended 2-27-2024 by O-21769 N.S.; effective 3-28-2024.)

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San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (3-2024)

(a) A landlord of residential rental property subject to this Division shall provide written notice in no less than 12-point font to the tenant, and in a manner that complies with California Civil Code section 1632, as may be amended, that states as follows:

California law limits the amount your rent can be increased. See
California Civil Code section 1947.12 for more information. Local law
also provides that a landlord shall provide a statement of cause in any
notice to terminate a tenancy. In some circumstances, tenants who are
seniors (62 years or older) or disabled may be entitled to additional
tenant protections. See Chapter 9, Article 8, Division 7 of the San
Diego Municipal Code for more information.

(b) A landlord of residential rental property subject to this Division shall include
a copy of the Tenant Protection Guide with the written notice required by
section 98.0705(a).

The Commission shall prepare and make available on the Commission’s
website a Tenant Protection Guide, which shall include educational
information and resources for the tenant to understand their rights under this
Division and state law, including the rights to quiet enjoyment and habitability
of the residential rental property.

(c) For a tenancy in a residential rental property subject to this Division existing
before June 24, 2023, the notice required by section 98.0705(a) and the
Tenant Protection Guide required by section 98.0705(b) shall be provided to
the tenant directly or as an addendum to the lease within 90 days of June 24,
2023.

(d) For a tenancy in a residential rental property subject to this Division
commencing or renewed on or after June 24, 2023, the notice required by
section 98.0705(a) and the Tenant Protection Guide required by
section 98.0705(b) shall be included in the lease, or as a written notice signed
by the tenant at the time the lease is signed, with a copy provided to the
tenant.
(“Notice to Tenant of Residential Tenant Protections” added 5-25-2023 by
O-21647 N.S.; effective 6-24-2023.)

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San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (3-2024)

(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.

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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:

(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:

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(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.

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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.)

It is the purpose and intent of section 98.0707 to regulate buyout agreements to increase the fairness of buyout negotiations and agreements, to ensure that tenants who enter into buyout agreements are aware of their rights, and to prevent landlords from contracting around the legal rights and remedies available to tenants under existing law.

(a) Disclosure Prior to Buyout Offers. Prior to making a buyout offer, the landlord
shall provide each tenant in a residential rental property a written disclosure
that shall include the following:

(1) a statement that the tenant has a right not to enter into a buyout
agreement;

(2) a statement that the tenant may choose to consult with an attorney
before entering into a buyout agreement;

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(3) a statement that the landlord may not retaliate against the tenant for
refusing to enter into or negotiate a buyout agreement;

(4) a statement that all tenants of a residential rental property may refuse
to receive future buyout offers by providing landlord written notice of
their refusal, which shall be effective for six months, and all tenants of
a residential rental property may rescind the refusal to receive future
buyout offers by providing landlord written notice of the rescission;

(5) a statement that the tenant is eligible for relocation assistance and the
amount of the required relocation assistance in section 98.0706(c);

(6) the names of all people authorized to discuss the buyout offer and enter
into a buyout agreement on the landlord’s behalf;

(7) a space for each tenant to sign and write the date the landlord
provided the tenant with the disclosure; and

(8) a space for the landlord to sign and write the date on which the
landlord provided the tenant with the disclosure.

(b) The landlord shall provide each tenant a fully executed copy of the disclosure
form within three days of its execution and retain a copy of each signed
disclosure form for five years, along with a record of the date the landlord
provided the disclosure to each tenant.

(c) Requirements for Buyout Agreements. The landlord shall comply with the
following:

(1) The buyout agreement shall be in writing.

(2) A copy of the buyout agreement shall be given to each tenant at the time the tenant signs the buyout agreement.

(3) The buyout agreement shall include the following statements in bold
letters in at least 14-point font in close proximity to the space reserved
for the signature of the tenant:

(A) You, the tenant, have a right not to enter into this buyout
agreement.

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9 8 7 17

San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (3-2024)

(B) If you, the tenant, are entitled to relocation assistance under
federal, state, or local law, a buyout agreement for less than the
amount of the relocation assistance to which you are entitled
violates Chapter 9, Article 8, Division 7 of the San Diego
Municipal Code and is void.

(C) You, the tenant, may choose to consult with an attorney before
signing this agreement.

(4) If the tenant primarily negotiates the buyout agreement or lease, orally
or in writing, in a non-English language, the landlord shall provide the
tenant with an English and a translated version of the buyout
agreement at the same time.

A buyout agreement that does not strictly comply with all the requirements of
section 98.0707(c)(1)-(4) shall be void.

(d) Void Buyout Agreements. Buyout agreements must be for an amount that is
greater than the amount of relocation assistance available to the tenant in
section 98.0706(c). A buyout agreement for less than the amount of relocation
assistance owed to the tenant violates this Division and is void.

(e) No Waiver. The provisions of section 98.0707 may not be waived by a buyout
agreement. Any term of a buyout agreement, lease, contract, or other
agreement which purports to waive or limit a tenant's rights under
section 98.0707 is contrary to public policy, unenforceable, and void.
(“Buyout Agreements” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)

A landlord shall not retaliate against a tenant for exercising any right provided by this Division or seeking the enforcement of this Division. (“Retaliation Prohibited” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)

(a) A tenant claiming a violation of this Division may file an action against a landlord in a court of competent jurisdiction.

(b) A tenant may seek injunctive relief, equitable relief, and money damages,
including punitive damages, in a civil action against a landlord for a violation
of this Division.

Ch. Art. Div. 9 8 7 18

San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (3-2024)

(c) A tenant may raise, as an affirmative defense, any violation or noncompliance
with this Division in any action by a landlord to recover possession of a
residential rental property.

(d) Any attempt by a landlord to recover possession of a residential rental
property or any actual recovery of possession of a residential rental property
in violation of this Division shall render the landlord liable to the tenant in a
civil action for wrongful eviction for damages of not less than three times the
actual economic damages.

(e) Any landlord who fails to provide relocation assistance as required by
section 98.0706(c) shall be liable to the tenant in a civil action for not less
than three times the required relocation assistance and actual economic
damages.

(f) In the court's discretion, a landlord who attempts to recover possession of a
residential rental property in material violation of this Division shall be liable
to the tenant in a civil action for reasonable attorney’s fees and costs.

(g) The remedies under section 98.0709 are cumulative and may be used in
addition to any other remedies in this Division or at law, statute, or ordinance.

(h) The City may enforce this Division under Chapter 1, Article 2 of this Code,
including civil and criminal remedies.
(“Remedies” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)
(Amended 2-27-2024 by O-21769 N.S.; effective 3-28-2024.)

In addition to other remedies applicable to landlord’s failure to comply with this Division, a landlord’s failure to comply with any provision of this Division shall render void any notice of termination required by this Division. (“Failure to Comply with Division” added 2-27-2024 by O-21769 N.S.; effective 3-28-2024.)

Ch. Art. Div.
9 8 7 19

San Diego Municipal Code Chapter 9: Building, Housing and Sign Regulations (10-2018)

Article 8: Housing