San Diego · Renting & eviction

Renting in San Diego: the rules that apply

San Diego's own rules first, then the state law underneath — with the code text for every value.

Ask about renting & eviction in San Diego See coverage

Key points

Rent increases — state law Eviction and just cause — San Diego rule Relocation payments — San Diego rule Notices — San Diego rule Security deposits — state law Retaliation — San Diego rule Harassment and lockouts — state law Repairs and habitability — state law Landlord entry — state law Buyout agreements — San Diego rule Hotel and short-term rental tax — San Diego rule Condo conversions — San Diego rule

San Diego adds its own rules on eviction and just cause, relocation payments, notices, retaliation, buyout agreements, hotel and short-term rental tax and condo conversions on top of California's statewide rules. Each value below links to the section of the San Diego Municipal Code it was read from (checked October 2026).

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

Practical research questions and checklists

Rent increases

CA state law San Diego 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 code default in payment of rent; breach of a material lease term; nuisance; waste; refusal to execute a substantially similar lease extension or renewal after written request or demand; criminal activity on the residential rental property; criminal threat directed at the landlord or another tenant; unauthorized assignment or sublet; refusal to allow authorized landlord entry; unlawful use of the property; failure of an employee, agent, or licensee to vacate after termination; failure to deliver possession after notice of intent to terminate or accepted written offer to surrender owner seeks to recover possession for the owner or specified family member to occupy as that person’s primary residence for a minimum of 12 continuous months

All 2 San Diego rules on eviction and just cause, with the code text and the state law underneath →

Relocation payments

San Diego code Three months of actual lease rent in total, replacing the ordinary two-month amount two months of actual rent under the tenant’s lease in effect at the date of the notice

All 6 San Diego rules on relocation payments, with the code text and the state law underneath →

Notices

San Diego code Written notice stating that California law limits rent increases; local law requires a statement of cause in any notice to terminate a tenancy; and seniors or disabled tenants may have additional protections. The notice must be in no less than 12-point font, comply with California Civil Code section 1632, and include a copy of the Tenant Protection Guide. The notice and Tenant Protection Guide must be included in the lease, or provided as a written notice signed by the tenant when the lease is signed, with a copy provided to the tenant.

All 2 San Diego rules on notices, with the code text and the state law underneath →

Security deposits

CA state law San Diego 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

San Diego code What San Diego's code adds
Protected activities	Exercising rights or seeking enforcement under the Residential Tenant Protections Division Applies: Tenancies covered by Chapter 9, Article 8, Division 7 § 98.0708 · code text A landlord shall not retaliate against a tenant for exercising any right provided by this Division or seeking the enforcement of this Division.

CA state law Underneath, California law still 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 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 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 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 →

Buyout agreements

San Diego code Yes—written disclosure before making a buyout offer, stating the tenant’s right not to enter, right to consult an attorney, protection from retaliation, right to refuse future offers for six months by written notice and rescind that refusal by written notice, relocation-assistance eligibility and amount, authorized representatives, and signature/date spaces for the tenant and landlord. Fully executed copy provided within three days; signed disclosure retained for five years with the date provided.

All 7 San Diego rules on buyout agreements, with the code text and the state law underneath →

Hotel and short-term rental tax

San Diego code What San Diego's code adds
Tax rate	An added special tax: 1.25% in Tax Zone 1, 2.25% in Tax Zone 2, 3.25% in Tax Zone 3. Applies: On top of other hotel taxes from May 1, 2025; hotels, RV parks, campgrounds; ends April 30, 2035 without Convention Center expansion bonds. § 35.0201 · code text 1.25 percent in Tax Zone 1; An added 1% tax on the rent. Applies: Hotels; a separate tax on top of the other hotel taxes. § 35.0106 · code text commencing on June 1, 1989, for the privilege of Occupancy in any Hotel, each Transient is subject to and shall pay an additional tax in the amount of one percent (1%) of the Rent charged by the Operator. An added 1.5% tax on the rent. Applies: Hotels, RV parks and campgrounds; a separate tax on top of the other hotel taxes. § 35.0108 · code text commencing on August 1, 1994, for the privilege of Occupancy in any Hotel, any Recreational Vehicle Park, or any Campground, each Transient is subject to and shall pay an additional tax in the amount of one and one half percent (1.5%) of the Rent charged by the Operator. An added 1% tax on the rent. Applies: Hotels; a separate tax on top of the other hotel taxes. § 35.0105 · code text commencing on August 1, 1988 for the privilege of Occupancy in any Hotel, each Transient is subject to and shall pay an additional tax in the amount of one percent (1%) of the Rent charged by the Operator. An added 1% tax on the rent. Applies: Hotels; a separate tax on top of the other hotel taxes. § 35.0104 · code text commencing on January 1, 1985 for the privilege of Occupancy in any Hotel, each Transient is subject to and shall pay an additional tax in the amount of one percent (1%) of the Rent charged by the Operator.

Condo conversions

San Diego code What San Diego's code adds
Notice to tenants	At least 12 months before the expected end of the tenancy. Applies: Condo conversions in the Barrio Logan Community Plan Area; existing tenants; exceptions for owners of 4 or fewer units and some court or fiduciary transfers. § 144.0505 · code text §144.0505 Tenant Benefits, Rights and Obligations The subdivider of a condominium conversion project shall provide all the following benefits to any person whose tenancy in the project the subdivider terminates due to the condominium conversion: (a) Any tenant who lawfully resides in a condominium plan, cooperative, or stock apartment development pursuant to this Section shall be given a right of first refusal by the subdivider or subsequent owner of the development for the purchase of tenant’s rental dwelling unit upon the same terms and conditions that the dwelling unit will be initially offered to the general public or terms and conditions more favorable to the tenant. This right to purchase shall run for a period of 90 days from the date of the notice, unless the tenant gives written notice within the 90-day period of tenant’s intention not to exercise that right. (b) This Section shall not apply to the following: (1) A record owner of four dwelling units or less. (2) Transfers pursuant to court order, including, but not limited to, transfers ordered by a probate court in the administration of an estate, transfers by any foreclosure sale after default, transfers by any foreclosure sale after default in an obligation secured by a mortgage, or transfers by a sale under a power of sale after a default in an obligation secured by a deed of trust or secured by any other instrument containing a power of sale, and any subsequent transfer by a mortgagor or beneficiary of a deed of trust who accepts a deed in lieu of foreclosure or purchases the property at a foreclosure sale. (3) Transfers by a fiduciary during the administration of a decedent’s estate, guardianship, conservatorship, or trust. For purposes of this paragraph, a “fiduciary” means a state- or federally-chartered bank, trust company, savings association, savings bank, credit union, or industrial loan company. (c) Relocation Assistance shall be provided in accordance with the Residential Tenant Protection Regulations in Chapter 9, Article 8, Division 7 or California Government Code Sections 7260 through 7277, whichever regulations provide greater relocation assistance. Ch. Art. Div. 14 4 5 3 San Diego Municipal Code Chapter 14: General Regulations (3-2026) (d) In the Barrio Logan Community Plan Area, any existing tenants in the development will be allowed to occupy their dwelling units until six months before the start of construction activities with proper notice, which shall occur at least 12 months prior to the anticipated date of termination of residency. The record owner shall deliver a notice of intent to terminate residency to the San Diego Housing Commission and to each resident household. (Added 3-8-2004 by O-19266 N.S.) (“Tenant Benefits, Rights and Obligations” renumbered from 144.0503 to 144.0505 on 2-9-2006 by O-19461 N.S.; effective 3-9-2006.) (Amended 7-5-2006 by O-19505 N.S.; effective 8-5-2006.) (Amended 1-27-2022 by O-21411 N.S.; effective 2-26-2022.) (Amended 1-16-2024 by O-21758 N.S.; effective 3-16-2024.)
Tenants' right to buy	90 days from the notice date, unless the tenant declines in writing. Applies: Condo conversion tenants; excludes owners of 4 or fewer units and some court-order, foreclosure or fiduciary transfers. § 144.0505 · code text This right to purchase shall run for a period of 90 days from the date of the notice, unless the tenant gives written notice within the 90-day period of tenant’s intention not to exercise that right.

Other San Diego rules on this

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

Residential Tenant Protections (§§ 98.0704–98.0706)
Mobilehome Park Discontinuance and Tenant Relocation (§§ 143.0610–143.0615) — mobilehome park closures only

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

How much can rent go up in San Diego?

San Diego has no local rule on this that we found (checked October 2026); state law applies: 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)).

How much can a San Diego landlord charge for a security deposit?

San Diego has no local rule on this that we found (checked October 2026); state law applies: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)).

What is the hotel tax on short-term rentals in San Diego?

San Diego's code: An added special tax: 1.25% in Tax Zone 1, 2.25% in Tax Zone 2, 3.25% in Tax Zone 3. (On top of other hotel taxes from May 1, 2025; hotels, RV parks, campgrounds; ends April 30, 2035 without Convention Center expansion bonds.) (§ 35.0201); An added 1% tax on the rent. (Hotels; a separate tax on top of the other hotel taxes.) (§ 35.0106).

What happens to tenants when a San Diego building converts to condos?

San Diego's code: At least 12 months before the expected end of the tenancy. (Condo conversions in the Barrio Logan Community Plan Area; existing tenants; exceptions for owners of 4 or fewer units and some court or fiduciary transfers.) (§ 144.0505); 90 days from the notice date, unless the tenant declines in writing. (Condo conversion tenants; excludes owners of 4 or fewer units and some court-order, foreclosure or fiduciary transfers.) (§ 144.0505).

General information, not legal advice.

AI-assisted research · Source checks recorded

San Diego: Rental operations

Before changing rent, ending a tenancy, or changing a housing policy. Start with a question, collect the records, and follow the cited law.

City of San Diego; county and unincorporated areas require separate research. Source checks do not establish a property-specific outcome. Open questions appear in each verification record.

SD-R01 · Research pending