San Diego County · Renting & eviction
Renting in San Diego County: the rules that apply
In unincorporated San Diego County, state law sets most renting rules, and the county has no rent control of its own. The county code adds chapters only for practices after a declared local emergency and for orders to vacate buildings.
Key points
- Rent increases: Unincorporated San Diego County has no rent rule of its own; state law caps increases on covered units at 8.2%.
- Increase limits: On covered units, state law limits increases to 5% plus cost-of-living change, or 10%, whichever is lower, over any 12 months.
- Just cause: Covered units get state just cause after 12 months; Predatory Practices After the Declaration of an Emergency applies only after a declared local emergency.
- Relocation pay: State law requires 1 month's rent for no-fault evictions on covered units; the county's Orders to Vacate Buildings chapter covers only those orders.
- 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.
- Security deposits: State law limits deposits to 1 month's rent on top of the first month's rent, or 2 months for some small landlords.
Each rule below is marked San Diego County code or CA state law and links to the section it comes from (extracted October 2026). General information, not legal advice.
San Diego County's code applies in the unincorporated areas of the county. Cities in San Diego County have their own codes and their own pages.
Rent increases
CA state law San Diego County 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
San Diego County has a related local rule: Predatory Practices After the Declaration of an Emergency (§ 31.503) — only after a declared local emergency. This page does not summarize it yet; read the text in the library. Where it does not apply, the state rule below does.
| Just cause required | After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice Applies: Covered units only (§ 1946.2(e) exempts, among others, housing built in the last 15 years and single-family homes or condos not owned by a corporation or REIT when the tenant got the required notice). If new adult tenants joined before anyone reached 24 months, all tenants need 12 months or one needs 24. |
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| Chance to cure first | For a curable lease violation, the owner must first serve a notice to cure before a 3-day notice to quit |
| Just cause — new construction exemption | Housing with a certificate of occupancy issued within the previous 15 years is exempt (rolling) Applies: Mobilehomes excepted. |
| Just cause law sunset | § 1946.2 is repealed on January 1, 2030 unless extended |
Relocation payments
San Diego County has a related local rule: Orders to Vacate Buildings Used for Human Habitation (§ 69.108) — orders to vacate buildings only. This page does not summarize it yet; read the text in the library. Where it does not apply, the state rule below does.
| 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. |
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Notices
We found no San Diego County rule on this in the San Diego County Municipal Code (extracted October 2026). The state rule below applies.
| 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. |
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| 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 San Diego County 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 San Diego County 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 San Diego County 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 San Diego County 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 San Diego County 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 →
Hotel and short-term rental tax
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Other San Diego County rules on this
San Diego County's code also has these chapters. We have not summarized their values on this page yet; read them in the library.
- Predatory Practices After the Declaration of an Emergency (§ 31.503) — only after a declared local emergency
- Orders to Vacate Buildings Used for Human Habitation (§ 69.108) — orders to vacate buildings only
Who this affects
Frequently asked questions
How much can rent go up in San Diego County?
Unincorporated San Diego County has no rent rule of its own; state law caps increases on covered units at 8.2%. On covered units, state law limits increases to 5% plus cost-of-living change, or 10%, whichever is lower, over any 12 months.
Does a landlord in San Diego County need a reason to evict?
Covered units get state just cause after 12 months; Predatory Practices After the Declaration of an Emergency applies only after a declared local emergency. San Diego County also has a related rule: Predatory Practices After the Declaration of an Emergency (§ 31.503) — only after a declared local emergency.
Does a San Diego County landlord have to pay relocation?
State law requires 1 month's rent for no-fault evictions on covered units; the county's Orders to Vacate Buildings chapter covers only those orders. San Diego County also has a related rule: Orders to Vacate Buildings Used for Human Habitation (§ 69.108) — orders to vacate buildings only.
How much notice does a San Diego County 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 San Diego County landlord charge for a security deposit?
State law limits deposits to 1 month's rent on top of the first month's rent, or 2 months for some small landlords.
What is the hotel tax on short-term rentals in San Diego County?
San Diego County's code: The hotel tax is 8% of the rent. (Hotels in unincorporated areas of the county.) (§ 22.203); The operator collects the tax from the guest at the same time as the rent. (Hotel stays in unincorporated San Diego County.) (§ 22.205).
General information, not legal advice.
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