San Diego tenant screening & landlord laws
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San Diego tenant screening
San Diego sits inside California, and California layers significant statewide tenant protections on top of federal law — more than most other states. Before looking at what San Diego adds on top of that, here's a quick, generally-accurate California baseline (verify current specifics before relying on them, since some figures adjust annually):
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What California law already provides
- Screening fees: California generally caps the "screening fee" a landlord can charge to cover the cost of a credit check and processing an application, under Civil Code § 1950.6. The cap started at $30 in 1997 and is meant to adjust annually with the Consumer Price Index; check a current government source for the exact inflation-adjusted dollar figure.
- Criminal history: California has state regulations (issued under the Fair Employment and Housing Act) that generally restrict how landlords can use criminal history in housing decisions — for example, generally disfavoring blanket denials and requiring individualized consideration for certain records. We were not able to independently confirm the current regulation citation and full current text via a live fetch this session; treat this as a hedge needing legal confirmation, not a settled statement.
- Source of income: Protected statewide since January 1, 2020. SB 329 amended California's Fair Employment and Housing Act (Government Code § 12955) to include source of income — including housing vouchers such as Section 8 — as a protected characteristic in housing statewide.
- Security deposits: Generally capped at one month's rent for most landlords as of July 1, 2024 under Civil Code § 1950.5, as amended by AB 12 — with a commonly-cited exception allowing small landlords (generally, a natural person or estate owning no more than two rental properties totaling no more than four units) to charge up to two months' rent for unfurnished units. Active-duty servicemembers are generally capped at one month regardless.
- Rent control: California has a statewide rent cap and just-cause eviction law — the Tenant Protection Act of 2019 ("AB 1482"), generally codified at Civil Code § 1947.12 (rent cap) and § 1946.2 (just cause), effective January 1, 2020, generally limiting rent increases to the lesser of 5% plus local CPI or 10% over 12 months, with numerous exemptions (including, on a rolling basis, housing certificated for occupancy within the last 15 years) and a currently-scheduled sunset date of January 1, 2030. Cities with their own stricter rent-control ordinances generally keep those in place instead where more protective — but San Diego is not generally understood to be one of the cities with its own numeric rent cap (see below).
How San Diego's Rules Layer on Top of California Law
San Diego does not appear to set its own numeric rent cap separate from the statewide AB 1482 formula. Instead, the city has its own Residential Tenant Protections ordinance (San Diego Municipal Code, Chapter 9, Article 8, Division 7) — originally adopted in 2004 as the "Tenants' Right to Know Regulations" and substantially rewritten effective June 24, 2023 (Ordinance O-21647), with further amendments effective March 28, 2024 (Ordinance O-21769). This ordinance layers just-cause eviction and mandatory relocation-assistance requirements on top of the state law, rather than setting its own rent-increase percentage.
Screening rules to follow in San Diego
For screening purposes, apply California's statewide source-of-income protection (Gov. Code § 12955) and confirm current California criminal-history-in-housing regulations. San Diego may have additional local source-of-income or criminal-history requirements; confirm current municipal code before finalizing a screening policy.
Rent and Eviction Rules in San Diego
San Diego's local ordinance requires just cause for terminating a tenancy, expressly built on top of the statewide just-cause framework in Civil Code § 1946.2, with its own defined at-fault and no-fault categories (San Diego Municipal Code § 98.0704). For no-fault terminations, San Diego generally requires the landlord to provide relocation assistance equal to two months of the tenant's actual rent, or three months if the tenant is a senior (62 or older) or disabled (§ 98.0706) — this is a city-level requirement layered on top of, and separate from, the return of any security deposit. The ordinance also regulates buyout agreements (§ 98.0707), requiring specific disclosures before a landlord offers a tenant money to vacate, and voiding buyout agreements that pay less than the required relocation assistance. The ordinance includes numerous exemptions similar in spirit to AB 1482's own exemptions — for example, housing issued a certificate of occupancy within the previous 15 years, certain owner-occupied properties, and deed-restricted affordable housing (§ 98.0703) — so not every San Diego rental is automatically covered, and landlords should check the exemption list rather than assume coverage either way. Because local housing rules can change, confirm the current requirements at docs.sandiego.gov.
County/Township Layers
California counties generally have meaningful local ordinance-making authority, so San Diego County may have its own tenant-protection rules for unincorporated areas outside city limits. Properties in unincorporated San Diego County fall back to at least the statewide AB 1482/SB 329 baseline. Whether the County has adopted its own additional ordinance should be confirmed directly with San Diego County.
Frequently Asked Questions
Does San Diego have its own rent-control percentage separate from California's statewide cap? San Diego's local ordinance focuses on just-cause eviction and relocation assistance; check current municipal code to confirm if it sets its own rent-cap percentage or points back to the statewide cap in Civil Code § 1947.12.
How much relocation assistance does a San Diego landlord generally owe for a no-fault eviction? Generally two months of the tenant's actual rent, or three months if the tenant is a senior (62+) or disabled, under San Diego Municipal Code § 98.0706 — in addition to returning any security deposit. Because municipal rules can change, confirm the current requirements in the San Diego Municipal Code, Chapter 9, Article 8, Division 7.
Is source of income (like a Section 8 voucher) protected in San Diego? Yes, generally, under California's statewide protection (Gov. Code § 12955); landlords should confirm whether an additional San Diego-specific source-of-income ordinance also applies.
How much can a San Diego landlord generally charge for a security deposit? Generally one month's rent for most landlords as of July 1, 2024, under amended Civil Code § 1950.5 (AB 12), with a commonly-cited exception for small landlords who may charge up to two months for unfurnished units — confirm current details before relying on this for a specific lease.
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Disclaimer
The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.