Rent Increases in San Diego: The 2026 Cap and Notice Rules

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

For most San Diego County rentals, state law caps rent increases at 8.2% over any 12 months for increases taking effect August 1, 2026 through July 31, 2027 (Civil Code § 1947.12). On top of that, as of October 2026 the county is under a state of emergency after Tropical Storm Rachel, so Penal Code § 396 generally bars raising advertised, offered or charged rent more than 10% above the pre-emergency amount, even on exempt homes and new listings, stated to run through November 14, 2026; check whether it has been extended. You also need 30 days' written notice for an increase of 10% or less and 90 days for more (Civil Code § 827).

Key takeaways

• The AB 1482 cap for San Diego County is 8.2% for increases effective August 1, 2026 to July 31, 2027, and was 8.8% for the year before. It is measured from the lowest rent charged in the prior 12 months, with no more than two increases in that window.
• As of October 2026, Penal Code § 396 applies in San Diego County after the Governor's October 15, 2026 emergency proclamation. Rent generally may not rise more than 10% above the pre-emergency amount, including at turnover, stated to run through November 14, 2026 unless extended.
• Exempt homes (newer buildings, qualifying single-family homes and condos with the statutory notice, owner-occupied duplexes) are outside the 8.2% cap but not outside § 396 while it is in effect.
• Notice: 30 days for 10% or less, 90 days for more than 10%, plus 5 calendar days if you mail it within California.
• The City of San Diego's tenant protection ordinance has no rent cap of its own. It points tenants to the state cap.

The state rent cap in San Diego County

Civil Code § 1947.12 (the Tenant Protection Act, AB 1482) limits increases to "5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower," over any 12-month period. For San Diego County the cost-of-living figure comes from the CPI-U for the San Diego-Carlsbad area. For increases effective on or after August 1, the statute uses the April-to-April change, or March-to-March when no April figure is published. The Bureau of Labor Statistics publishes the San Diego index only in odd months, so March is used.

Three details shape what you can actually charge:

1. The base is the lowest rent in the last 12 months. The percentage applies to the lowest gross rent charged at any time in the 12 months before the increase takes effect. Discounts and concessions the tenant accepted are left out of that base.
2. No more than two increases in 12 months while the same tenant remains, and together they cannot exceed the cap.
3. A new tenancy starts fresh. When no prior tenant remains, you may set the initial rent, and the cap limits later increases. While § 396 is in effect, though, the new rent is still limited by the emergency rule below.

Remedies for overcharging include the amount overcharged, attorney's fees and up to three times the overcharge if willful, and the Attorney General and the city attorney or county counsel can enforce. The statute is repealed January 1, 2030 unless extended. A bill to lower it (AB 1157) died January 31, 2026. For the full statute walk-through, see the California rent cap guide, and test your numbers with the rent increase calculator.

Who is exempt from the cap

Section 1947.12(d) exempts, among others:

• Housing issued a certificate of occupancy within the previous 15 years (a rolling window).
• A single-family home or condo owned by someone other than a REIT, a corporation or an LLC with a corporate member, but only if the tenant received the exact statutory exemption statement. For tenancies started or renewed on or after July 1, 2020, it must be in the lease.
• An owner-occupied duplex where the owner lived in one unit at the start of the tenancy and still does.
• Deed-restricted affordable housing and dorms.

Without the exemption statement in the lease, treat a single-family home as covered. City of San Diego just-cause exemptions need a separate statement; see the Tenant Protection Ordinance guide.

The emergency rent limit: Penal Code § 396 (October 2026)

On October 15, 2026 the Governor proclaimed a state of emergency in Imperial, Los Angeles, Orange and San Diego Counties following Tropical Storm Rachel. That triggers Penal Code § 396(e): for 30 days after the proclamation, "or any period the proclamation or declaration is extended," it is unlawful to increase the rental price "advertised, offered, or charged for housing, to an existing or prospective tenant, by more than 10 percent." Cal OES lists the rent provisions for San Diego County as running to November 14, 2026. Check whether it has been extended before you set any rent.

What this means in practice, as of October 2026:

• Covered units: the 8.2% cap is already lower than 10%, so most existing tenancies are limited by the cap, not by § 396.
• Exempt units: a qualifying single-family home or newer building that would normally have no cap is limited to 10% above the pre-emergency price.
• Turnover and new listings: the rent you advertise or offer to a new tenant generally cannot exceed the pre-emergency rent or asking price by more than 10%.
• Exceptions in the text: an increase "directly attributable to additional costs for repairs or additions beyond normal maintenance," or one the tenant contractually agreed to before the proclamation.
• Evictions: § 396(f) makes it unlawful during the period to evict a tenant and then rent the unit to someone else at more than the evicted tenant could have been charged. Evictions lawfully begun before the proclamation may continue.

Until December 31, 2026, "housing" in § 396 covers leases with an initial term of no longer than one year; from January 1, 2027, SB 1365 extends it to rental housing regardless of lease term. Separately, the City of San Diego declared a local emergency on October 2, 2026 for the El Niño season. Whether that or the County's declaration extends § 396 past November 14, 2026 is a legal question, so recheck the Cal OES price gouging page (opens in a new tab) before raising rent or relisting a unit.

Notice rules for a rent increase

Civil Code § 827 sets the notice for a month-to-month tenancy:

The notice must be delivered personally or by mail. Section 827 does not list posting or substituted service for rent increases. If a statute, regulation or contract requires longer notice, the longer period applies. For a fixed-term lease, the rent normally changes at renewal under the lease terms; see the guide to rent increase notices.

Housing Choice Voucher tenancies. For a San Diego Housing Commission voucher tenant, submit the increase online at least 60 days before it would take effect. An approved change takes effect on the first day of the month after a full 60-day notice, and SDHC runs a rent-reasonableness test first.

A worked example

Say a covered San Diego condo's lowest rent in the past 12 months was $2,800 and you want an increase effective December 1, 2026.

1. Cap: 8.2% of $2,800 = $229.60, so the most you could charge is $3,029.60.
2. Section 396: 10% of $2,800 = $280, which is higher than the cap, so the cap controls this tenancy.
3. Notice: the increase is under 10%, so 30 days' written notice, or 35 days if mailed within California.

If the same condo were exempt from the cap, § 396 would still hold the increase to 10% while the emergency rule is in effect. Setting the starting rent carefully matters, because later increases are capped; see how much rent a San Diego home can get.

Local ordinances and where each rule applies

The City of San Diego's tenant protection ordinance (SDMC §§ 98.0701 to 98.0710) does not set its own cap; its required tenant notice points to Civil Code § 1947.12. Chula Vista and Imperial Beach have their own just-cause ordinances, and the state cap applies across the county. The § 396 emergency rule applies countywide, including Coronado and other incorporated cities. For a side-by-side list of which rule covers which area, see San Diego landlord rules at a glance. Setting and renewing rent within these limits is part of everyday San Diego property management.

This is general information, not legal or tax advice. Confirm the details for your situation with a California attorney or tax professional.

Frequently asked questions

How much can I raise rent in San Diego in 2026?

For a covered unit, up to 8.2% over 12 months for increases effective August 1, 2026 through July 31, 2027, measured from the lowest rent charged in the prior 12 months. As of October 2026, Penal Code § 396 also limits any increase, including on exempt units and new listings, to 10% above the pre-emergency amount stated to run through November 14, 2026, so check whether it has been extended.

What is the rent increase cap for San Diego County?

The Civil Code § 1947.12 cap for San Diego County is 8.2% for increases taking effect August 1, 2026 to July 31, 2027, based on 5% plus the 3.2% March-to-March change in the San Diego-Carlsbad CPI-U. It was 8.8% for the prior year. It resets each August 1.

Can I raise rent more than 10% on a single-family home that is exempt from AB 1482?

Not while the current emergency rule applies. As of October 2026, Penal Code § 396 bars raising rent advertised, offered or charged by more than 10% above the pre-emergency amount, with narrow exceptions for repair or addition costs beyond normal maintenance and increases agreed before the proclamation. The limit runs stated to run through November 14, 2026; check whether it has been extended.

How much notice do I need to give for a rent increase in California?

At least 30 days' written notice for an increase of 10% or less, counting all increases in the prior 12 months, and at least 90 days for more than 10%, under Civil Code § 827. If you mail the notice within California, add 5 calendar days. For a San Diego Housing Commission voucher tenant, submit the change at least 60 days ahead.

Does the San Diego Tenant Protection Ordinance limit rent increases?

No. The City ordinance controls when and how you can end a tenancy, but it has no rent cap of its own. Its required tenant notice points to Civil Code § 1947.12, the state cap, which is 8.2% for San Diego County increases effective August 1, 2026 through July 31, 2027.

Next step: price the unit before you raise it

The right increase depends on where the current rent sits against the market and which limits apply to your unit this month. Our guide to a free San Diego rental analysis explains what goes into one. McKee Properties has managed San Diego rentals since 1982.