Landing in legal trouble is something you never want to experience. In the rental real estate business, it’s easy enough to find yourself on the receiving end of a lawsuit if you don’t know the laws you have to abide by, so it’s imperative that you know San Diego codes and regulations to make an informed decision.
San Diego Eviction Policies & Laws You Should Know About
The Tenant Protection Ordinance (San Diego City Council)
The Tenant Protection Ordinance is one of the most relevant landlord-tenant city laws and should be understood by all parties involved. It means that the property owner needs a "just cause" to evict tenants such as failure to pay rent, lease violations, criminal activity, and more. Landlords won't be allowed to change the locks as it can result in legal consequences.
The Tenant Protection Act passed by the San Diego City Council aims to promote neighborhood stability in the San Diego rental housing market and limit the effects of evicted tenants on the housing crisis. Furthermore, it will require greater tenant relocation assistance when finding a new rental unit depending on the circumstances, as well as providing residential tenant protections.
California Law Against Landlord Retaliation
Every tenant has the right to bring to the attention of the landlord any issues with the dwelling unit, especially if it falls under the rental agreement. California law states that the landlord cannot take retaliatory actions within 180 days of the tenant's complaint. The landlord will pay for damages incurred along with attorney fees if requested at the beginning of the lawsuit. Actions that are prohibited for the property owner include:
- Starting an eviction lawsuit
- Changing the locks in the rental property
- Increasing rent
- Decreasing services
- Disclosing the tenant's immigration or citizenship status
No-Fault Eviction Requirements
No-fault evictions are when the tenant did nothing wrong but may still be evicted by the landlord under no-fault reasons listed in the law. These reasons include but are not limited to needed long-term construction work on the unit or the landlord wanting to occupy the property.
Apart from an eviction notice, residential tenants are owed a month's rent or landlords should waive one month's rent to help with the relocation process, but recent law changes in law for San Diego state that tenants are not owed two months' worth of rental assistance.
City of San Diego Tenant Protection Laws
Nine members of the San Diego City Council members voted for this new law which states that tenant protection applies on the first day of tenancy, and that seniors aged 62 or older will be provided with 3 months' worth of rental assistance. This stricter renter protection requires the following from the landlord:
- More notice for substantial remodel
- Educational resources during move-in
- More options for temporary relocation
- Provide additional legal aid and a process for buyout agreements
Housing Discrimination
While tenant protections are specifically in regards to selling, renting, or leasing a rental unit, the Legal Aid Society of San Diego mentions that it is illegal for a landlord or a property manager to discriminate against residential tenants based on race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, medical condition, or age. This is also in line with the Federal Fair Housing Act.
Proper Notice
Receiving proper notice is among the most basic tenant rights in the eviction process in the city of San Diego. The notice period varies based on the circumstances. A three-day notice to comply is usually for unpaid rent or violation of the lease agreement. For notices to vacate, state law requires landlords to provide a 30-day to 60-day notice to quit for non-renewal of the lease.
Eviction Violation Consequences
Legal Action
When you violate the terms of tenant protection laws, you may be subjected to legal repercussions which can be enforced by the San Diego Housing Commission, depending on the violated law. Having a professional or a San Diego property management company like Harland in your corner could prevent you from breaking the law in the first place.
Paying for Damages
San Diego landlords can potentially be liable for damages for wrongfully evicting renters due to tenant protection laws, which include loss of income, emotional distress, and relocation costs.
Attorney Fees
Not only will the landlord have to pay for their own legal representation during the eviction lawsuit, but you might also have to cover the attorney fee of the tenant which they are entitled to recover.
Damage to Reputation
When the word gets out that you disregarded San Diego tenant protections, it will likely damage your reputation as a property owner and reduce the prospective tenants for your rental properties.
Rental Property Loss
Repeatedly violating tenant protections can eventually lead to severe consequences such as rental property loss, as well as your rental property license and other restrictions. While there are little to no cases in the city of San Diego, it's still better to have no violations at all.
Preventive Measures
Learning the Laws of San Diego Evictions
There are a few tenant protections in the city of San Diego and even fewer new tenant protection laws concerning the eviction process. You can learn them yourself to make informed decisions for your rental business.
Hiring a Property Manager
Property managers for your San Diego properties have the expertise to navigate the eviction process without missing a step. We are up to date with the new laws and can take care of the eviction process as part of our services. Not only can they protect tenant rights, they can also protect you from potential lawsuits.
What a Property Management Company Can Do for You
Hiring a property manager in the city of San Diego isn't limited to having a tenant protection guide for a potential eviction. They can also manage your rental units and make sure that your residential renters are paying rent, market your properties, screen your tenants, maintain the real estate property, and handle accounting.
Harland Property Management has modern technology that can streamline various processes like owner and tenant portals. You can use our free tools like the ROI Calculator and the Vacancy Loss Calculator to determine how your business is faring, and that's just the beginning of what we can do for you as a property owner.
