A residential lease agreement in San Diego is a binding agreement between a landlord and a tenant. This agreement outlines the terms and conditions regarding the use of a rental property in exchange for periodic payments.
San Diego has one mandatory lease disclosure that, in certain scenarios, landlords must add to their residential lease agreement.
Certain buildings in San Diego may require a Crime-Free Multi-Housing Certification. For buildings that require this certification, landlords must also include a crime-free addendum in the lease agreement. [1]
In San Diego, it is illegal for a landlord to evict a tenant without a just cause. This includes both at-fault and no-fault just cause evictions. [2]
For no-fault evictions, landlords must provide relocation assistance for the tenant. [3] Additionally, if the property is available to rent or lease within 5 years of the eviction, the landlord must first offer the unit to the displaced tenant. This is only if the tenant requested an offer to renew within 30 days of the eviction notice. [4]
An at-fault eviction is a term used when the notice to end the tenancy is based on the fault of the tenant. For at-fault evictions, landlords must provide written notice of the eviction, as well as an opportunity to cure the violation (if it is curable). [5]
Some examples of at-fault evictions include (but are not limited to):
If a San Diego landlord delivers an eviction notice, they must also include a copy of the Tenant Protection Guide. [6] This guide provides resources and protection for tenants facing evictions (such as relocation assistance).
A buyout agreement is when a landlord offers a tenant money to vacate their unit. Unlike just-cause evictions, buyout agreements are less regulated. This can often lead to landlords pressuring or even threatening tenants to move out of their property.
San Diego landlords must provide a written disclosure of the tenant’s rights before discussing a buyout agreement. These rights include (but are not limited to) the right to decline the agreement or consult an attorney before making a decision. [7]
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and prevent future liability issues.
Since California is listed as the #1 state for asbestos-related deaths, landlords should include a disclosure stating if asbestos is present on the property. If asbestos is present, tenants should take precautions to minimize the chance of disturbing the asbestos fibers.
With San Diego being one of the most dog-friendly cities in the U.S., landlords may want to address the building’s pet policies. This disclosure should include whether or not pets are allowed on the property, the tenant’s responsibility to cover any pet-related damages, and any additional fees or restrictions surrounding pets.
Medical marijuana use is legal in San Diego—which is why it’s important to disclose if it will be permitted on the property. Landlords in California are allowed to restrict marijuana usage to non-smoking methods only. They should also clarify if there are designated smoking areas on the premises.
Any residential rental housing facilities required to obtain Crime Free Multi-Housing Certification shall include a “Crime-Free Lease Addendum” as part of their rental agreement…
A landlord shall not terminate a tenancy without just cause…just cause includes at-fault just cause and no-fault just cause.
The landlord shall, regardless of the tenant’s income or length of tenancy and at the landlord’s option, provide relocation assistance to the tenant …
If a residential rental property is offered for rent or lease for residential purposes within five years of the date the tenant was evicted…. landlord shall first offer to lease the residential rental property in writing to the tenant displaced from that unit by the no-fault just cause termination.
Before a landlord issues a notice to terminate a tenancy for at-fault just cause that is a curable lease violation, the landlord shall first give written notice of the violation including a description of the violation and an opportunity to cure the violation…
A landlord of residential rental property subject to this Division shall include a copy of the Tenant Protection Guide with the written notice required by section 98.0705(a).
Disclosure Prior to Buyout Offers . Prior to making a buyout offer , the landlord shall provide each tenant in a residential rental property a written disclosure that shall include the following…