San Diego’s Just-Cause Eviction Law

California law broadly allows landlords to evict month-to-month tenants using a 30-day notice, or a 60-day notice if the tenant has lived there for a year or longer. The only catch is the eviction cannot be based upon an impermissible reason, such as discrimination or retaliation against tenants for exercising their legal rights.

However, the City of San Diego has a local law that imposes additional protections for tenants who have resided there for two years or longer. In those cases, the 60-day notice must be accompanied by a reason for the eviction—and it needs to be a good one. This is known as a “just-cause” eviction law. It is contained in Municipal Code § 98.0730, and includes the following justifiable reasons:

  • nonpayment of rent;
  • violation of a material lease requirement;
  • nuisance;
  • illegal use;
  • refusal to renew a lease;
  • refusal to provide access;
  • the need to correct code violations;
  • withdrawal of the building from the rental market; and
  • owner/relative occupancy.

This requirement trips up numerous San Diego landlords. I discuss 30/60 day notices further here. Please feel free to contact me if you have any individual questions.

Categories: Landlord-Tenant.