San Diego tenants are protected by California state law, which provides strong tenant protections. While San Diego doesn't have citywide rent control, the California Tenant Protection Act (AB 1482) provides rent caps and eviction protections for most renters. This guide covers everything you need to know.
Important Contacts
Your Right to Habitable Housing
Under California Civil Code 1941-1942.5, landlords are legally required to maintain the property in a habitable condition. This is known as the implied warranty of habitability.
Your landlord must provide and maintain:
- Weatherproofing — Roof, walls, windows, and doors
- Plumbing — Hot and cold running water, working toilets
- Heating — Adequate heating facilities (A/C not required in San Diego)
- Electricity — Safe electrical wiring, working outlets
- Sanitation — Building and grounds free from debris, garbage, rodents
- Working locks — On all exterior doors and windows
- Smoke and carbon monoxide detectors
- No lead paint hazards — Must disclose if built before 1978
How to Get Repairs Done
- Notify your landlord in writing — Email or letter. Keep copies of everything.
- Give reasonable time to respond — Generally 30 days for non-urgent repairs, 24 hours for emergencies.
- File a complaint with Code Enforcement — Call (619) 236-5500 or use Get It Done app.
- Document everything — Photos, videos, written records of communication.
California law allows you to use the "repair and deduct" remedy for repairs under one month's rent, or withhold rent in severe cases. However, these remedies have specific requirements—consult with a tenant rights organization first.
California AB 1482 (Tenant Protection Act)
Since San Diego doesn't have citywide rent control, most tenant protections come from California's AB 1482, which applies statewide.
Rent Cap
AB 1482 limits annual rent increases to 5% + local CPI (maximum 10% total). For San Diego, this typically means rent increases are capped at 8-10% per year.
Which Buildings Are Covered?
AB 1482 APPLIES IF:
- • Building is 15+ years old (built before 2011 as of 2026)
- • You've lived there 12+ months
- • It's not a single-family home (unless owned by a corporation)
- • It's not a condo or townhome (unless owned by a corporation)
AB 1482 DOES NOT APPLY IF:
- • Building was built in the last 15 years
- • Single-family home with notice of exemption
- • Owner-occupied duplex
- • Affordable housing units
- • Dorms, mobile homes, or short-term rentals
Eviction Protections
Under AB 1482, tenants who have lived in a unit for at least 12 months cannot be evicted without "just cause."
At-Fault Just Cause
- • Failure to pay rent
- • Breach of lease terms
- • Nuisance or illegal activity
- • Refusing access for repairs
- • Criminal activity on premises
No-Fault Just Cause
- • Owner or family member move-in
- • Withdrawal from rental market
- • Government order to vacate
- • Substantial renovations
* No-fault evictions require relocation assistance (1 month's rent)
The Legal Eviction Process in California
3-day notice for non-payment; 3-day notice for lease violations; 30/60-day notice for no-fault evictions
Landlord must file an unlawful detainer lawsuit in court
Official court papers delivered to you — you have 5 days to respond
You have the right to appear and defend yourself in court
Only a judge can order eviction — landlords cannot force you out
Only the Sheriff can physically remove you (with court order)
This process takes weeks to months. Get free legal help from Legal Aid Society of San Diego at (877) 534-2524.
Security Deposit Rights
California has strict rules about security deposits:
- Maximum deposit (unfurnished) — 2 months' rent
- Maximum deposit (furnished) — 3 months' rent
- Return timeline — Within 21 days of move-out
- Itemized deductions — Landlord must provide written statement
- Normal wear and tear — Cannot be deducted
Protection from Harassment
Tenant harassment is illegal under California law. Harassment includes:
- Threats, intimidation, or coercion to vacate
- Interrupting essential services (water, power, gas)
- Removing or damaging your property
- Entering without proper notice (24 hours required)
- Repeated frivolous eviction attempts
- Refusing to perform repairs or maintenance
How to File Complaints
Where to File Complaints
Housing violations, habitability issues. Call (619) 236-5500 or use Get It Done app.
AB 1482 violations, illegal rent increases. Call (800) 952-5210.
Security deposit disputes up to $12,500. No lawyer needed.
Housing discrimination. File at calcivilrights.ca.gov.
Free Legal Help
San Diego has several organizations that provide free legal help to tenants:
- Legal Aid Society of San Diego — (877) 534-2524 — Free legal help for low-income renters
- California Rural Legal Assistance — Tenant rights assistance
- SD Volunteer Lawyer Program — Free legal advice clinics
- Housing Opportunities Collaborative — Tenant education and advocacy