San Diego Tenant Rights: Rent Increases, Just Cause and Relocation

San Diego tenant rights rest on two layers of law. The first is state law, including the rent cap in Civil Code 1947.12. The second is the City of San Diego’s Residential Tenant Protections Ordinance, which adds stronger just cause and relocation rules. San Diego has no local rent control, so the state cap, explained in the AB 1482 rent cap guide, is the main limit on increases. The city ordinance is in the San Diego Municipal Code, Chapter 9, Article 8, Division 7 (sections 98.0701 to 98.0710). It took effect June 24, 2023.

Is there rent control in San Diego?

No. The city ordinance deals with evictions, relocation and buyouts, and it contains no cap on rent increases. Rent limits come from state law. San Diego County is its own region in 1947.12(g)(1)(A)(iii), and it uses the March-to-March CPI change because the federal index for the area is not published for April. The cap is:

San Diego is the only region where the cap went down this year. Los Angeles went up to 8.7% and the San Francisco area to 8.8%. All regions are compared in California rent increase limits for 2026.

Is my San Diego rental covered by the state rent cap?

Most rental housing whose certificate of occupancy is more than 15 years old is covered. The main exemptions in 1947.12(d) are:

• housing with a certificate of occupancy issued within the previous 15 years;
• a single-family home or condo owned by an individual (not a REIT, a corporation or an LLC with a corporate member), if the tenant received the exact written exemption notice the statute requires;
• a duplex where the owner lived in one unit when your tenancy began and still lives there, if neither unit is an ADU;
• deed-restricted or subsidized affordable housing, and school or college dormitories.

For tenancies started or renewed on or after July 1, 2020, the single-family exemption notice must be in the lease itself. Walk through the test in Is my rental exempt from the rent cap?

How much can a San Diego landlord raise rent in 2026?

For a covered unit, the cap is a percentage of the lowest rent charged in the 12 months before the increase. It allows no more than two increases in that period. What matters is the date the new rent takes effect, not the date of the notice.

Say your San Diego apartment rents for $2,500 and has for the past year.

• An increase effective October 1, 2026 can be no more than 8.2%, or $205, for a new rent of $2,705.
• An increase that took effect July 1, 2026 was measured against the prior year’s 8.8%, which allowed up to $220, for $2,720.

The rent increase calculator applies the San Diego figure automatically.

San Diego has no longer notice period than state law. Civil Code 827 requires at least 30 days’ written notice for an increase of 10% or less and 90 days for more than 10%, plus five days if mailed within California. See the rent increase notice guide.

San Diego just cause protections from day one

The biggest difference between San Diego and state law is timing. State just cause protection under Civil Code 1946.2 starts only after 12 months of occupancy. The city ordinance protects covered tenants “beginning on day one of tenancy,” as the Council District 9 summary puts it.

The code defines “tenancy” as the right to occupy for more than 30 days. It excludes fixed-term leases of three months or less (section 98.0702).

Section 98.0703 exempts:

• hotels and short-term rentals;
• deed-restricted affordable housing;
• mobilehomes covered by the Mobilehome Residency Law;
• care facilities and dormitories;
• rooms where the tenant shares a kitchen or bathroom with an owner who lives there;
• an owner-occupied single-family home renting out up to two bedrooms or ADUs;
• an owner-occupied duplex;
• housing with a certificate of occupancy issued within the previous 15 years;
• a separately sellable house or condo not owned by a REIT, a corporation or an LLC with a corporate member, if the exemption notice is in the lease.

Two procedural rules matter in practice:

• Notice to cure. For an at-fault eviction based on a violation the tenant can fix, the landlord must first give a notice to cure.
• Reporting. Both at-fault and no-fault termination notices must be reported to the San Diego Housing Commission within three business days. That duty starts once the Commission’s submission portal exists.

How the state grounds work is in California just cause eviction.

San Diego relocation assistance for no-fault evictions

Section 98.0706(c) sets relocation well above the state’s one month. The landlord must provide it “regardless of the tenant’s income or length of tenancy.”

Say your rent is $2,500 and your landlord serves a no-fault notice to move a family member in.

• A standard household is owed $5,000.
• If a tenant in the household is 62 or older or disabled, it is $7,500.
• The landlord can pay it directly within 15 days, or waive that much rent at the end of the tenancy.

The city payment is credited against any relocation required by other laws, so it does not stack with the state’s one month.

A tenant displaced for owner move-in, a government order or a substantial remodel also has a right of first refusal if the unit is re-rented within five years. The tenant must ask in writing within 30 days. A termination notice that does not comply with the ordinance is void. More on how local and state payments interact is in California relocation assistance and owner move-in evictions.

Buyout offers (cash for keys) in San Diego

Section 98.0707 regulates buyout offers in covered rentals:

• Disclosure before any offer. The landlord must give a written disclosure before making any offer. It must cover:
  • the tenant’s right to refuse;
  • the right to consult an attorney;
  • protection from retaliation;
  • the right to stop further offers for six months;
  • the relocation amount the tenant would be owed;
  • the names of the landlord’s agents.
• Copies. The tenant gets a signed copy within three days, and the landlord keeps it for five years.
• Written agreement. The agreement must be in writing and include required statements in 14-point bold type. If it was negotiated in another language, it must be translated.
• Minimum amount. A buyout agreement for less than the relocation assistance owed is void.

Unlike Los Angeles, San Francisco and Santa Monica, the code text reviewed for this guide has no rescission period and no filing requirement. Read the agreement closely before you sign. On $2,500 rent, any buyout below $5,000 (or $7,500 for a senior or disabled tenant) is void. See cash for keys in California.

Outside the city: the rest of San Diego County

The city ordinance applies only inside the City of San Diego. In other cities and in unincorporated parts of the county, state law sets the baseline: the 8.2% cap under 1947.12 and just cause after 12 months under 1946.2, with one month’s relocation for no-fault evictions. Check with your own city or the county before assuming no local ordinance adds more.

The official code PDF used here carries a March 2024 date. Later amendments, if any, would appear in the current version on the city’s website.

Where to get help with San Diego tenant rights

• The ordinance: read SDMC Chapter 9, Article 8, Division 7 on the city’s website.
• Plain-language summary: the Council District 9 tenant protections page.
• Termination notices: these go to the San Diego Housing Commission, the agency the code designates.
• Rent overcharges: a claim under 1947.12(k) can recover the overcharge, and up to three times that amount for willful violations. A claim for money alone can go to small claims court.

Questions people ask

Does San Diego have rent control?

No. The City of San Diego has no local rent cap. The state cap of 8.2% applies to covered units for increases taking effect August 1, 2026 through July 31, 2027.

How much does a landlord have to pay you to move out in San Diego?

For a no-fault eviction inside city limits, two months of actual rent, or three months if any tenant is 62 or older or disabled. It is owed regardless of income or how long you have lived there.

Can a San Diego landlord evict without cause?

Not in a covered rental inside the city. Protection starts on day one of a tenancy longer than 30 days. Fixed-term leases of three months or less, and exempt housing such as units with a certificate of occupancy in the last 15 years, are not covered.

Why did the San Diego rent cap go down?

The San Diego CPI rose 3.2% from March 2025 to March 2026, compared with 3.8% the year before. So the cap fell from 8.8% to 8.2% for increases from August 1, 2026.

Related California renter guides

• Los Angeles rent control (RSO) guide
• California rent increase limits for 2026 by county
• Rent increase calculator: your maximum legal rent
• Just cause eviction rules under state law
• When a California landlord must pay you to move
• Cash for keys and tenant buyouts in California

This page explains what the cited California law says. It is not legal advice. Last verified September 28, 2026.