The Top Legal Mistakes San Diego Landlords Make (And How to Fix Them!)

Being a landlord in San Diego can be rewarding, but one legal misstep can cost you thousands. California has some of the strictest tenant protection laws in the country, and if you’re not careful, you might find yourself in hot water faster than a pot of instant ramen. Let’s look at the top legal mistakes landlords make and how to avoid them.

Not Following Security Deposit Laws

Think you can use a security deposit for anything? Think again. California law says you can only use it for unpaid rent, damage beyond normal wear and tear, and cleaning to return the unit to its original condition. Oh, and you must return the deposit within 21 days of a tenant moving out. Mess this up, and you could owe twice the deposit amount in penalties.

Fix it: Keep detailed records of deductions. Send an itemized list if you withhold any money. If you’re unsure, get a professional property manager to handle it.

Ignoring the Tenant Protection Act (TPA)

San Diego landlords can’t raise rent or evict tenants without a legal reason, thanks to the Tenant Protection Act of 2019. It caps annual rent increases at 5% plus inflation and requires just cause for eviction if a tenant has lived in the unit for at least 12 months.

Fix it: Know the law before you raise rent or ask a tenant to leave. No more "I just feel like it" evictions! If you have doubts, consult a property management expert.

Mishandling Maintenance Requests

Tenants have the right to a habitable home. That means functional plumbing, working heat, and no moldy surprises. If you ignore maintenance requests, tenants can withhold rent or even pay for repairs themselves and deduct the cost from their rent.

Fix it: Respond to repairs quickly. Document all requests and your responses. If you don’t have time, hire someone who does.

Violating Entry Laws

You own the place, but that doesn’t mean you can walk in anytime you want. California law requires landlords to give at least 24 hours’ written notice before entering a rental, except in emergencies. No, "I was just in the neighborhood" doesn’t count as an emergency.

Fix it: Always provide written notice and respect tenants' privacy. And don’t think it is just polite when, in fact it’s the law.

Using Illegal Lease Clauses

Not all lease terms are enforceable. Think you can ban service animals or fine tenants for having guests? Nope. Those clauses won’t hold up in court, and they can get you in trouble.

Fix it: Use a legally sound lease agreement. If you’re copying and pasting a lease from the internet, stop. Work with a property manager or real estate attorney to ensure your lease is legit.

Failing to Disclose Required Information

California law requires landlords to disclose a lot of things, like lead-based paint hazards, bed bug history, and whether the unit is in a flood zone. Forget to mention these, and you could be looking at lawsuits.

Fix it: Provide all required disclosures upfront. Tenants have a right to know what they’re walking into.

Incorrectly Handling Evictions

Evicting a tenant in California isn’t easy. If you don’t follow the legal process exactly, a judge could dismiss your case, forcing you to start over. And guess what? The tenant gets to stay rent-free while you do.

Fix it: Follow the three-step eviction process:

Serve a proper notice (3-day, 30-day, or 60-day, depending on the situation).
File an unlawful detainer lawsuit if the tenant doesn’t leave.
Get a court order before the sheriff can remove them.

If this sounds like a headache, it is. That’s why many landlords leave evictions to the pros.

Not Screening Tenants Properly

A bad tenant can turn your rental experience into a horror movie. Late rent, property damage, legal disputes: it all starts with poor screening. Nearly 35% of evictions happen because landlords didn’t vet tenants thoroughly.

Fix it: Run background checks, verify income, and check past rental history. If a tenant has multiple evictions in their history, that’s a red flag the size of a California wildfire.

Not Keeping Proper Records

Think you’ll "remember everything"? Spoiler: You won’t. If a tenant disputes something and you don’t have documentation, courts usually side with the tenant.

Fix it: Keep copies of leases, rent payments, maintenance requests, and all communications. Digital records are your best friend.

Trying to Do Everything Alone

Managing a rental property goes beyond collecting rent checks. It’s legal compliance, maintenance coordination, tenant relations, and more. Mess up one thing, and it could cost you thousands.

Fix it: Work with a professional property management company. Priority One Real Estate takes the stress off your plate, keeps you legally compliant, and ensures your investment runs smoothly. We handle security deposits, screen tenants, or respond to maintenance requests. We’ve got your back for whichever service you need.

Let’s Keep It Legal

San Diego’s rental laws aren’t always landlord-friendly, but following them protects you from expensive mistakes. If you want a stress-free rental experience, consider working with experts who know the laws inside and out. Priority One Real Estate helps landlords avoid legal troubles, maximize profits, and keep tenants happy. Let’s chat and make your rental property work for you, not against you!