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Del Mar · Renting & eviction

Renting in Del Mar: the rules that apply

Del Mar has no rent control or just-cause rule of its own, so state law sets the rent cap, eviction causes and notices; the cap and just-cause rule apply to covered units only. Its Condominium Conversions rules cover condominium conversions only.

Key points

  • Rent cap: State law caps covered units at 5% plus inflation or 10%, whichever is lower, over any 12 months: 8.2% from August 1, 2026 through July 31, 2027.
  • Just cause: Under state law, after 12 months of occupancy, a landlord may end a covered tenancy only for a just cause stated in the notice.
  • Relocation pay: For no-fault evictions from covered units, state law requires 1 month's rent, as payment or rent waiver, within 15 calendar days of notice.
  • Condo conversions: Del Mar's Condominium Conversions rules apply to condominium conversions only; for covered units, the state relocation rule applies.
  • Ending a tenancy: State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than 1 year.
  • Deposits: State law caps deposits at 1 month's rent, or 2 for qualifying small landlords, returned within 21 calendar days after move-out.

Each rule below is marked Del Mar code or CA state law and links to the section it comes from (extracted October 2026). General information, not legal advice.

Rent increases

CA state law Del Mar has no rule of its own on this, so California law applies. Rent cap right now: 8.2% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.2% inflation) (Civ. Code § 1947.12(a)(1), (g)). California's statewide rent cap — the full state rule →

Eviction and just cause

CA state law Del Mar has no rule of its own on this, so California law applies. Just cause required: After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice (Civ. Code § 1946.2(a)). Just-cause eviction in California — the full state rule →

Relocation payments

Del Mar has a related local rule: Condominium Conversions (§ 24.40.060) — condominium conversions only. This page does not summarize it yet; read the text in the library. Where it does not apply, the state rule below does.

CA state law California law
No-fault eviction relocation assistance
One month's rent (as relocation payment or rent waiver), paid within 15 calendar days of the notice
Applies: For no-fault just causes (owner move-in, withdrawal from market, substantial remodel, government order) on covered units; regardless of the tenant's income.

Notices

We found no Del Mar rule on this in the Del Mar Municipal Code (extracted October 2026). The state rule below applies.

CA state law California law
Notice of a rent increase
At least 30 days' notice for an increase of 10% or less; at least 90 days for an increase of more than 10%
Applies: The 10% is measured against the rent charged at any time in the 12 months before the increase, counting all increases in that period together.
Notice to end a month-to-month tenancy (landlord)
60 days' notice; 30 days if the tenant has lived there less than one year
Applies: Where the unit is covered by just cause (Civ. Code § 1946.2) or a local ordinance, the notice must also state a qualifying cause.
Notice to end a month-to-month tenancy (tenant)
At least as long as the rental period (one month for a month-to-month tenancy)
30-day notice when the unit is sold to an owner-occupant
30 days' notice when a separately sellable unit is in escrow to a natural person who will live there for at least a year
Applies: Notice within 120 days of opening escrow, given once, and all § 1946.1(d) conditions met.
Notice to pay rent or quit
3 days, not counting Saturdays, Sundays and judicial holidays, stating the amount due and how to pay
Applies: May be served any time within one year after the rent became due.
Notice to cure a lease violation or quit
3 days, not counting Saturdays, Sundays and judicial holidays, to perform the broken lease term or leave
No fee for serving notices
A landlord may not charge the tenant a fee for serving or posting a notice

Security deposits

CA state law Del Mar has no rule of its own on this, so California law applies. Security deposit cap: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)). Deposit return deadline: 21 calendar days after the tenant moves out, with an itemized statement of any deductions (Civ. Code § 1950.5(h)(1)). California security deposit law — the full state rule →

Retaliation

CA state law Del Mar has no rule of its own on this, so California law applies. Retaliation protection period: For 180 days after a tenant complains about habitability (to the landlord or an agency), the landlord may not evict, raise rent or cut services in retaliation (Civ. Code § 1942.5(a), (b)). Retaliatory eviction in California — the full state rule →

Harassment and lockouts

CA state law Del Mar has no rule of its own on this, so California law applies. Lockouts and self-help eviction banned: A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out (Civ. Code § 789.3(b)). Utility shutoffs banned: A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out (Civ. Code § 789.3(a)). Tenant harassment and lockouts in California — the full state rule →

Repairs and habitability

CA state law Del Mar has no rule of its own on this, so California law applies. Duty to keep the unit habitable: The landlord must deliver a unit fit to live in and repair conditions that make it untenantable (Civ. Code § 1941). Repair and deduct: A tenant may make a repair the landlord neglects and deduct the cost from rent, up to one month's rent, no more than twice in any 12 months (Civ. Code § 1942(a)). Habitability and repair-and-deduct — the full state rule →

Landlord entry

CA state law Del Mar has no rule of its own on this, so California law applies. Landlord entry notice: Reasonable written notice, presumed to be 24 hours, and entry only during normal business hours (Civ. Code § 1954(d)(1), (e)). Landlord entry notice in California — the full state rule →

Short-term rentals

Del Mar code What Del Mar's code adds
Allowed
  • Yes, with a city short-term rental permit.
    Applies: The permit is issued only to the home's owner. Subletting is not allowed.
    § 30.96.030 · code text
    Any person or entity operating a STR in the City of Del Mar must have a valid STR Permit issued by the City pursuant to Section 30.96.050 of this Chapter.
Permit or registration
  • A short-term rental permit is required.
    Applies: Valid for 2 years. It must be renewed before it expires and ends when ownership changes.
    § 30.96.030 · code text
    Any person or entity operating a STR in the City of Del Mar must have a valid STR Permit issued by the City pursuant to Section 30.96.050 of this Chapter.

Hotel and short-term rental tax

Del Mar code What Del Mar's code adds
Who collects it
  • The operator collects the tax from the guest at the same time as the rent.
    § 3.12.040 · code text
    It shall be unlawful for an operator to fail to collect from the transient the tax imposed by this Chapter at the same time as the rent is collected from the transient.
  • A hosting platform, online travel company, or booking vendor collects and remits the tax as the operator's agent.
    Applies: Applies when the operator uses a platform or vendor that handles bookings and payments for hotel rentals.
    § 3.12.040 · code text
    For purposes of this Section, if the operator uses a web- or application-based hosting platform, online travel company, or third-party booking vendor that facilitates rentals and payments for hotel rentals, the hosting platform, online travel company, or third-party booking vendor shall be considered an agent of the operator for purposes of collecting and remitting the tax to the City.

Condo conversions

Del Mar code What Del Mar's code adds
Relocation help
  • 3 months' rent, based on HUD's yearly Fair Market Rent for the San Diego region for the apartment size.
    Applies: Applies to displaced tenants who lived in the unit at least 90 days before the notice of intent to convert.
    § 24.40.060 · code text
    All residents who reside within a unit being converted shall be entitled to relocation assistance in the amount of three months' rent based on the Fair Market Rent for apartment size for the San Diego region as determined on an annual basis by the United States Department of Housing and Urban Development (HUD).
  • The tenant receives the full Tenant Relocation Payment.
    Applies: Applies when only one Qualified or Eligible Tenant lives in the unit.
    § 24.40.060 · code text
    If the rental unit is occupied solely by a single Qualified or Eligible Tenant, they shall be paid the full amount of the Tenant Relocation Payment.
  • Each person receives a pro-rata share of the relocation payment, based on whether they are a Qualified or Eligible Tenant.
    Applies: Applies when 2 or more people live in the unit.
    § 24.40.060 · code text
    If a rental unit is occupied by two or more persons, each shall be paid a pro-rata share of the Tenant Relocation Fee based on their qualification as either a Qualified or Eligible Tenant.
  • Payment is by cashier's check, sent by registered mail at least 60 days before tenants must move.
    Applies: Applies to paying Tenant Relocation Payments.
    § 24.40.060 · code text
    The disbursement of Tenant Relocation Payments shall be paid by cashier's check, sent by registered mail a minimum of 60 days prior to the date at which the Qualified or Eligible Tenants are required to relocate from the premises.
Notice to tenants
  • Notice to prospective tenants under the Subdivision Map Act, posted notice to each unit occupant, and mailed hearing notices.
    § 24.40.060 · code text
    The subdivider shall provide notice to prospective tenants in accordance with Sections 66452.17 and 66452.18 of the Subdivision Map Act, as those sections may be amended from time to time, and shall provide evidence of receipt of each tenant of the notices required herein.
Tenants' right to buy
  • Tenants may buy first for 90 calendar days after final city approval, on terms no worse than the public offer.
    Applies: Applies before the unit is offered to the public, unless the tenant gives prior written notice of not using this right.
    § 24.40.060 · code text
    The offer shall be provided to each tenant for a period of 90 calendar days from the date of issuance of the final City approval unless the tenant gives prior written notice of his or her intention not to exercise the right.

Other Del Mar rules on this

Del Mar's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

How much can rent go up in Del Mar?

State law caps covered units at 5% plus inflation or 10%, whichever is lower, over any 12 months: 8.2% from August 1, 2026 through July 31, 2027.

Does a landlord in Del Mar need a reason to evict?

Under state law, after 12 months of occupancy, a landlord may end a covered tenancy only for a just cause stated in the notice.

Does a Del Mar landlord have to pay relocation?

For no-fault evictions from covered units, state law requires 1 month's rent, as payment or rent waiver, within 15 calendar days of notice. Del Mar's Condominium Conversions rules apply to condominium conversions only; for covered units, the state relocation rule applies. Del Mar also has a related rule: Condominium Conversions (§ 24.40.060) — condominium conversions only.

How much notice does a Del Mar landlord have to give?

State law requires 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than 1 year.

How much can a Del Mar landlord charge for a security deposit?

State law caps deposits at 1 month's rent, or 2 for qualifying small landlords, returned within 21 calendar days after move-out.

Can I rent out my home short-term in Del Mar?

Del Mar's code: Yes, with a city short-term rental permit. (The permit is issued only to the home's owner. Subletting is not allowed.) (§ 30.96.030); A short-term rental permit is required. (Valid for 2 years. It must be renewed before it expires and ends when ownership changes.) (§ 30.96.030).

What is the hotel tax on short-term rentals in Del Mar?

Del Mar's code: The operator collects the tax from the guest at the same time as the rent. (§ 3.12.040); A hosting platform, online travel company, or booking vendor collects and remits the tax as the operator's agent. (Applies when the operator uses a platform or vendor that handles bookings and payments for hotel rentals.) (§ 3.12.040).

What happens to tenants when a Del Mar building converts to condos?

Del Mar's code: 3 months' rent, based on HUD's yearly Fair Market Rent for the San Diego region for the apartment size. (Applies to displaced tenants who lived in the unit at least 90 days before the notice of intent to convert.) (§ 24.40.060); The tenant receives the full Tenant Relocation Payment. (Applies when only one Qualified or Eligible Tenant lives in the unit.) (§ 24.40.060).

General information, not legal advice.

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