San Diego landlords are already juggling numerous responsibilities, so controlling the strict rules of leasing becomes essential. Knowing the compliance laws that aid in preventing any abuse of property rights saves resources and helps avoid disputes in legal battles.
Below is a breakdown of the city of San Diego's rent control laws in simple terms, along with some practical examples included to help landlords work their way through these regulations.
San Diego Rent Control a Brief Summary
Rent control is the legislation that puts a limit on the increasing rate of rent and also puts other regulations on eviction in a bid to prevent tenant abuse. AB 1482 or AB 1482 is the all-encompassing rent control law in the state of and is referred to correctly as The Tenant Protection Act of 2019. However, other local laws such as San Diego’s Tenant Protection Ordinance have further additional regulatory measures.
On June 24, 2023, the Tenant Protection Ordinance law made a start following its signing on May 25. With the ongoing housing and homelessness challenges in the city, the ordinance gives more protection to residents.
Key Features of San Diego’s Tenant Protection Ordinance
So for landlords in San Diego, here are the highlights of the Tenant Protection Ordinance:
Eviction Protections Start on Day One
Unlike AB 1482, which requires tenants to reside in the property for at least one year before qualifying for eviction protections, San Diego's ordinance applies from the first day of a lease.
Example: If you rent your unit to a tenant for a one-month lease, they're still protected against unjust eviction.
Relocation Assistance for No-Fault Evictions
If a tenant is evicted through no fault of their own (e.g., you're moving into the property or conducting significant renovations), landlords must provide financial assistance:
Two months' rent for standard cases.
Three months' rent if the tenant is a senior or has disabilities.
Example: If the monthly rent is $2,000, you would owe the tenant $4,000 or $6,000 in relocation assistance, depending on the circumstances.
Rules for Substantial Remodels
The ordinance specifies when a landlord can terminate a lease for significant renovations. You must provide detailed notice and show proof of required permits.
Example: If you plan to remodel a kitchen, ensure the work justifies the tenant's displacement and meets the ordinance's criteria.
Tenant Education and Resources
At the time of shifting to a new unit, landlords are obligated to attend to tenants’ concerns regarding their rights through written documents.Â
Accountability Measures
Violators of this ordinance will suffer consequences in the form of fines, a contribution for attorney’s charges, or punishment damages.
Statewide Rent Control: AB 1482
San Diego’s Tenant Protection Ordinance works hand in hand with AB 1482, which regulates the amount of rent in the state of California as well as defines conditions under which a tenant can be evicted. Here is a reminder of some important provisions of AB 1482 in respect of these:Â
Limits on Rent Increases
It also specifies that the maximum increase in the rent is limited to the increase of 5% plus the inflation rate but never above 10%.
Example: For example, if the inflation rate is at 3% and your tenant pays $1,500 a month, then the highest the increase can go is 8% or equal to $120 a month.Â
Exempt Properties
AB 1482 however, does not apply to all properties such as single-owned family houses.Â
Example: For example, if you own a rental unit of a single-family home and it is not under a business entity, these rules can be irrelevant to you.Â
Eviction Protections
In such cases, Landlords are able to remove a tenant over a specified period and for only some reasons:Â
At-fault eviction: where a tenant doesn’t pay their rent or signs a lease but fails to comply with the conditions.
No-fault evictions:Â Converting the property or significant renovations.
Balancing Tenant and Landlord Needs
Rent control laws aim to prevent homelessness and stabilize housing while ensuring landlords can manage their properties effectively. Here are a few practical tips for landlords:
Maintain Open Communication
Clear communication with tenants can prevent misunderstandings and foster good relationships.
Document Everything
Keep thorough records of lease agreements, notices, and communications to protect yourself legally.
Example: If you plan to renovate, document all permits and notices provided to the tenant.
Stay Informed
Laws can change, so regularly review local regulations or consult a property management professional.
Exceptions to the Rules
While rent control applies broadly, some properties are exempt. For instance, units built in the last 15 years or those owned by certain corporations may not fall under these regulations. Always verify whether your property qualifies.
Bottom Line
To landlords in San Diego, comprehension of the laws regarding rent control is an important aspect since it aids the legal enforcement but more importantly, protects them from disputes. Even though these two laws, the Tenant Protection Ordinance and AB 1482, are distinctive, they complement each other and other laws in creating a comprehensive body that protects tenants and property owners.
With timely information and proactivity, a landlord can properly understand and comply with these rules while establishing good rapport with their tenants. However, should you require assistance regarding your obligation, it is best to seek advice from an expert in property management or an attorney. At Priority One we are ready to help you with any legal challenges.
Call us today and let’s discuss how we can take off any legal burdens off your shoulders.Â