Ending a Tenancy in San Diego: Just Cause, Notices and Evictions

Reviewed by Brendan McKee, Managing Broker, DRE #01882732, on October 21, 2026.

In the City of San Diego you can end most residential tenancies only for a just cause listed in the Tenant Protections Ordinance (SDMC § 98.0704), from the first day of the tenancy, and the written notice must state that cause. At-fault causes such as nonpayment need the correct state notice (often a 3-day notice), while no-fault causes such as owner move-in or a substantial remodel need 30 or 60 days' notice plus relocation of two or three months' rent. If the tenant does not leave, only a court can order them out, and every unlawful detainer in San Diego County is filed at the Hall of Justice downtown, as of October 2026.

This is general information, not legal or tax advice. Confirm the details for your situation with a California attorney or tax professional. Have counsel review any termination notice before you serve it.

Key takeaways

• Inside City limits, just cause is required from the start of any tenancy over 30 days (fixed terms of three months or less excluded). Elsewhere in the county, state law (Civil Code § 1946.2) usually applies after 12 months, and Chula Vista and Imperial Beach have their own ordinances.
• For a curable lease violation, give a notice to cure first. Nonpayment uses a 3-day notice to pay or quit that skips weekends and judicial holidays (CCP § 1161(2)).
• No-fault terminations require relocation of two months' rent, or three months for tenants 62 or older or disabled, paid within 15 days of the notice or as a rent waiver.
• Owner move-in works only if the lease allows it or the tenant agrees in writing (leases from June 24, 2023), and selling the home is not itself a just cause.
• A notice that fails any requirement of the ordinance is void (SDMC § 98.0710), and wrongful recovery of possession carries at least three times actual damages.

Step one: which rules apply to your rental

• City of San Diego: the Residential Tenant Protections Ordinance (SDMC §§ 98.0701 to 98.0710) covers a tenancy of more than 30 days from day one. Exemptions (such as newer buildings, and homes and condos not owned by a corporation, REIT or LLC with a corporate member whose tenant got the City exemption notice) are in the Tenant Protection Ordinance guide.
• Chula Vista: CVMC ch. 9.65 requires just cause from day one, with its own relocation rules and a three-business-day notice to the City.
• Imperial Beach: IBMC ch. 9.90 applies after 12 months, and each termination notice must be filed with the City within 3 business days.
• Elsewhere in the county (for example National City, La Mesa, El Cajon and the unincorporated area): no local just-cause ordinance was found as of October 2026, so state law applies.

Even an exempt home needs a proper state termination notice.

At-fault terminations

Section 98.0704(a) lists 12 at-fault causes, including nonpayment, a material lease breach, nuisance, waste, criminal activity, an unauthorized sublet and refusing lawful entry. No relocation is owed for an at-fault termination.

The state notices:

1. Nonpayment: 3-day notice to pay rent or quit (CCP § 1161(2)). The three days exclude Saturdays, Sundays and judicial holidays. The notice must state the amount due, the name, phone number and address of the person to pay, and how to pay. It may be served within one year after the rent became due.
2. Curable breach: 3-day notice to perform or quit (CCP § 1161(3)). The ordinance requires written notice and an opportunity to cure first (SDMC § 98.0706(a)(1)).
3. Incurable conduct: 3-day notice to quit (CCP § 1161(4)) for unlawful subletting, waste, nuisance or unlawful use.

You may not charge a fee for serving any of these notices. Serve them under CCP § 1162; the three-day notices guide covers contents and service.

No-fault terminations: owner move-in, withdrawal and remodel

The ordinance's no-fault causes are owner move-in, withdrawal from the rental market, a government or court order to vacate, demolition, and substantial remodel (§ 98.0704(b)). Each needs a written notice giving 30 or 60 days as Civil Code § 1946.1 requires (30 days if the tenant has lived there less than a year, otherwise 60), in at least 12-point font, stating the cause, the right to relocation and the right of first refusal (§ 98.0706(b)). State rules: termination notices.

Owner move-in. For leases entered on or after June 24, 2023, it applies only if "the tenant agrees to the termination in writing or if the lease expressly allows the owner to terminate the lease if the owner unilaterally decides to occupy" the unit. The occupant must be the owner or the owner's spouse, domestic partner, child, grandchild, parent or grandparent. The notice must name the occupant and their relationship to the owner and say the tenant may request proof. The occupant must move in within 90 days and stay 12 continuous months; if not, you must re-offer the unit at the same rent and terms and pay reasonable moving costs beyond the relocation already paid.

Substantial remodel. The work must replace or substantially modify a structural, electrical, plumbing or mechanical system that requires a permit, or abate hazardous materials such as lead paint, mold or asbestos, and must require the tenant to vacate for at least 30 continuous days. Cosmetic work does not qualify. The procedure:

1. Post a copy of the permit application at the property within 3 business days of submitting it.
2. Secure the permits before serving the notice.
3. Serve a notice certified under penalty of perjury with the right-to-re-rent statement, a description and expected duration of the work, copies of the permits (or the abatement contract), why the tenant must vacate, and the right-of-first-refusal notice.

Selling the home. A sale is not on the list of just causes (see the FAQ below).

Relocation and the right of first refusal

For every no-fault termination in the City, relocation is owed "regardless of the tenant's income or length of tenancy":

The tenant claims the right of first refusal in writing within 30 days of the notice, and then has 30 days to accept an offer. A negotiated buyout must follow the ordinance's disclosure rules and cannot be for less than the relocation owed.

The ordinance also requires notice to the San Diego Housing Commission within three business days of any termination notice, but only once SDHC opens a portal. As of October 21, 2026, SDHC says landlords are not required to notify it at this time.

If the tenant does not leave: unlawful detainer in San Diego

Never change the locks or cut utilities to force a tenant out; only a court can order an eviction. In San Diego County, unlimited and limited civil unlawful detainer cases from every division are filed and heard at the Hall of Justice, 330 W. Broadway, Room 225 (Superior Court Rule 2.4.2(A)).

The tenant has 10 days, excluding weekends and court holidays, to respond to the complaint (CCP § 1167). City of San Diego tenants at or below 80% of area median income can get full legal representation through the Eviction Prevention Program run by Legal Aid Society of San Diego, so the tenant may have a lawyer. AB 747 changes the rules for substituted service of the summons and complaint from January 1, 2027. For the full process, see the California eviction process guide.

Emergency rule, October 2026. While San Diego County's Tropical Storm Rachel emergency is in effect (stated to run through November 14, 2026; check whether it has been extended), Penal Code § 396(f) makes it unlawful to evict a tenant and then rent the unit to someone else for more than the evicted tenant could have been charged. Evictions lawfully begun before the proclamation may continue. Rent limits during the emergency are covered in rent increases in San Diego.

Mistakes that void a notice

Under SDMC § 98.0710, "a landlord's failure to comply with any provision of this Division shall render void any notice of termination," and § 98.0706(e) voids a notice that does not strictly comply with the notice and relocation rules. Common problems: no stated cause, a missing relocation statement or late payment, an owner move-in notice with no lease clause, a remodel notice served before permits, and a notice smaller than 12-point font.

Wrongful recovery of possession makes the landlord liable for at least three times actual economic damages, and unpaid relocation for at least three times the amount owed, plus possible punitive damages and attorney's fees. A careful lease and good tenant screening prevent many of these cases, and they are a large part of what San Diego property management involves.

Frequently asked questions

Can I evict a tenant to sell my house in San Diego?

Not for the sale itself. Inside the City of San Diego, selling is not one of the just causes in SDMC § 98.0704, so a tenant in a covered unit can stay through a sale. The common alternatives are selling with the tenant in place, or using a lawful no-fault cause such as withdrawal from the rental market, which requires a proper notice and relocation of two or three months' rent.

How much notice do I need to end a month-to-month tenancy in San Diego?

Under Civil Code § 1946.1, 60 days if the tenant has lived there a year or more, or 30 days if less than a year. Inside the City of San Diego it must also state a just cause and, for a no-fault cause, the rights to relocation and first refusal.

Do I owe relocation if I evict a tenant for not paying rent?

No. City of San Diego relocation is owed only for no-fault terminations. Nonpayment is an at-fault cause, handled with a 3-day notice to pay rent or quit under CCP § 1161(2) and, if needed, an unlawful detainer case.

Where are evictions filed in San Diego County?

All unlawful detainer cases in San Diego County, including those from the East, North and South County divisions, are filed and heard at the Hall of Justice, 330 W. Broadway, San Diego, Room 225. Filing fees effective September 1, 2026 are $240, $385 or $435 by amount claimed.

Can I end a tenancy to do a remodel in San Diego?

Only for a substantial remodel: permitted work on a structural, electrical, plumbing or mechanical system, or hazardous-materials abatement, that requires the tenant to vacate for at least 30 continuous days. Permits must be secured first, and relocation and a five-year right of first refusal apply.

Next step: plan the move-out before you serve anything

The cleanest terminations start with a review of the lease, the exemption status and the timeline. If you are deciding what to do with the home afterward, a free San Diego rental analysis is a good starting point. McKee Properties has managed San Diego rentals since 1982.