San Diego's Tenant Protection Ordinance: An Owner's Guide

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

The City of San Diego's Residential Tenant Protections Ordinance (San Diego Municipal Code §§ 98.0701 to 98.0710) says a landlord may not end a tenancy without just cause, and that protection starts on the first day of the tenancy, not after 12 months as under state law. For a no-fault termination you owe relocation of two months' rent, or three months if the tenant is 62 or older or disabled, and a notice that does not comply is void. The ordinance applies only inside the City of San Diego, as of October 2026.

Key takeaways

• The ordinance covers most residential tenancies in the City of San Diego from day one. A "tenancy" is a right to occupy for more than 30 days, and fixed-term leases of three months or less are excluded (SDMC § 98.0702).
• Single-family homes and condos not owned by a REIT, a corporation or an LLC with a corporate member can be exempt, but only if the tenant gets the City's exact exemption statement, which must be in the lease for tenancies started or renewed on or after January 1, 2024.
• No-fault relocation is two months of actual rent (three months for tenants 62 or older or disabled), paid within 15 days of the notice or given as a rent waiver.
• Owner move-in works only if the lease expressly allows it or the tenant agrees in writing, for leases entered on or after June 24, 2023.
• Any failure to comply voids the termination notice (SDMC § 98.0710).

Where the ordinance applies and when it took effect

The ordinance (O-21647) took effect June 24, 2023, and was amended by O-21769, effective March 28, 2024, which added § 98.0710. No 2025 or 2026 amendment has been found as of October 2026.

It applies inside City of San Diego limits only, not in Coronado, Chula Vista, National City, La Mesa, Imperial Beach or unincorporated areas such as Bonita. Chula Vista (CVMC ch. 9.65) and Imperial Beach (IBMC ch. 9.90) have their own ordinances; elsewhere, state law (Civil Code § 1946.2) is the main rule, and Coronado owners can use the Coronado Rental Guide. For which rule applies where, see San Diego landlord rules at a glance.

The key difference from state law is timing. The ordinance defines a tenancy as "the lawful right or entitlement of a tenant to continuously use or occupy a residential rental property for more than 30 days," excluding "a lease for a fixed-term of three months or less." There is no 12-month wait, so a tenant who moved in last month is protected, which matters if you are deciding whether to rent or sell your San Diego home. Knowing the ordinance is a core part of San Diego property management inside City limits.

Exemptions, and the statement that must be in your lease

Section 98.0703 lists the exemptions. The ones most owners ask about:

• Housing issued a certificate of occupancy within the previous 15 years.
• A single-family home where the landlord lives as a principal residence and rents no more than two bedrooms, two ADUs or two JADUs.
• An owner-occupied duplex, while the owner keeps living there.
• A unit where the tenant shares a bathroom or kitchen with a landlord who lives there.
• Licensed short-term rentals and hotel stays.
• Deed-restricted affordable housing. This exemption "shall not include Section 8," so a Housing Choice Voucher tenancy is still covered.

Single-family homes and condos (§ 98.0703(l)). A separately alienable unit is exempt only if the landlord is not a REIT, a corporation, an LLC with a corporate member, or mobilehome park management, and the tenant received written notice in the City's wording. The statement begins: "This property is not subject to the just cause requirements of Chapter 9, Article 8, Division 7 of the San Diego Municipal Code. This property meets the requirements of San Diego Municipal Code section 98.0703(l) and the landlord is not any of the following:" and then lists the excluded owner types. For a tenancy commenced or renewed on or after January 1, 2024, the notice "shall be provided in the lease."

This is separate from the state notice under Civil Code § 1946.2(e)(8), so a lease may need both. Without the right statement, treat the home as covered.

The notice every covered tenancy needs

Section 98.0705 requires a notice to every covered tenant, in at least 12-point font, beginning "California law limits the amount your rent can be increased." It must come with the San Diego Housing Commission's Tenant Protection Guide, which SDHC posts (opens in a new tab) in English and 9 other languages. For leases begun or renewed on or after June 24, 2023, the notice goes in the lease or in a separate written notice the tenant signs at lease signing.

Just causes: at-fault and no-fault

Section 98.0704(a) lists 12 at-fault causes, including nonpayment, a material lease breach, nuisance, waste, criminal activity and an unauthorized sublet. A curable violation needs written notice and a chance to cure first.

No-fault causes in § 98.0704(b) are owner move-in, withdrawal from the rental market, a government or court order to vacate (a habitability order counts only if it requires vacating for at least 30 days), demolition, and substantial remodel.

Owner move-in needs a lease clause. For leases entered on or after June 24, 2023, owner move-in 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, must move in within 90 days, and must live there for at least 12 continuous months.

Substantial remodel means 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. "Cosmetic improvements alone, including painting, decorating, and minor repairs" do not qualify, and you must secure permits before serving the notice. Steps: ending a tenancy in San Diego.

Relocation, the right of first refusal and buyouts

Relocation is owed on every no-fault termination "regardless of the tenant's income or length of tenancy" (§ 98.0706(c)):

• Amount: two months of "actual rent under the tenant's lease in effect at the date of the notice," or three months if the tenant is 62 or older or disabled.
• Form: your choice of a direct payment within 15 days from the date of the notice, or a waiver of rent for the final months.
• Credit: it is credited against relocation required by any other law, so it is not added on top of the state's one month.
• It is in addition to the security deposit refund.

Right of first refusal (§ 98.0706(d)). After an owner move-in, government-order or substantial-remodel termination, if the unit is offered for rent within five years, you must first offer it in writing to the displaced tenant. The tenant must ask for this in writing within 30 days of the notice, and then has 30 days to accept an offer. It does not apply to withdrawal from the market.

Housing Commission notice. The text requires notice to SDHC within three business days of any termination notice, starting 30 days after SDHC opens a portal. As of October 21, 2026, SDHC says landlords "are not required at this time" to notify it.

Buyouts (§ 98.0707). A buyout needs a prior written disclosure of the tenant's rights and a written agreement with required statements in bold 14-point font; keep the disclosures five years. A buyout for less than the relocation owed is void.

Penalties for getting it wrong

Section 98.0710 says "a landlord's failure to comply with any provision of this Division shall render void any notice of termination." An unlawful attempt to recover possession makes the landlord liable for "not less than three times the actual economic damages," and failing to pay relocation carries at least three times the required amount plus actual damages. Punitive damages and attorney's fees are possible, and the City can enforce civilly and criminally.

How the ordinance compares with state law

Rent increases fall under state law; see rent increases in San Diego. State rules: just cause eviction in California and the handbook guide to owner move-in terminations. The full text is in the City's codified ordinance (PDF) (opens in a new tab).

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

Does the San Diego Tenant Protection Ordinance apply from day one?

Yes. Inside the City of San Diego, the ordinance protects any tenancy of more than 30 days from its start, with no 12-month waiting period. Fixed-term leases of three months or less are excluded.

Does the TPO apply to single-family homes and condos in San Diego?

Usually. A home or condo not owned by a REIT, a corporation or an LLC with a corporate member is exempt only if the tenant received the City's exact exemption statement, which must be in the lease for tenancies started or renewed on or after January 1, 2024. Without it, the home is covered.

How much relocation do I owe under the San Diego TPO?

For a no-fault termination, two months of the actual rent in effect on the date of the notice, or three months if the tenant is 62 or older or disabled, regardless of income or length of tenancy. You pay it within 15 days of the notice or waive rent for the final months, and it counts toward any state relocation owed rather than adding to it.

Do I have to notify the San Diego Housing Commission when I serve a termination notice?

Not as of October 21, 2026. The ordinance requires notice within three business days, but only 30 days after SDHC opens a submission portal and gives public notice. SDHC says landlords are not required to notify it at this time, and the registry is pending City Council action.

Can I end a tenancy to move back into my San Diego home?

Only if the conditions are met. For leases entered on or after June 24, 2023, the lease must expressly allow owner move-in or the tenant must agree in writing. The owner or a listed relative must move in within 90 days and stay at least 12 continuous months, and relocation and a five-year right of first refusal apply.

Next step: check your lease and exemption status

Before you sign or renew a City lease, confirm your exemption status and that the lease has the right statements and an owner move-in clause. For a second look at your rent and plan, start with a free San Diego rental analysis. McKee Properties has managed San Diego rentals since 1982.