Q&A

Disclaimer: This Q&A discusses San Diego Ordinance Number O-21447 (O-2022-98 Rev.), which we refer to as to the no-fault eviction moratorium or moratorium. This moratorium is only relevant to Landlord’s with rental properties in the City of San Diego. Additionally, this moratorium is in effect from May 22, 2022, through September 30, 2022 or 60 days after the end of the local state of emergency, whichever occurs first.

 

Q: I own a rental property in the City of Chula Vista. I keep hearing on the news that San Diego just passed a no-fault eviction moratorium. Does this moratorium affect me?

A: No, this no-fault eviction moratorium does not affect rental properties that are outside of the City of San Diego.

 

- Advertisers -

Q: My tenants at my condominium in the City of San Diego did not pay rent for June 2022. I know there is a no-fault eviction moratorium in effect in the City of San Diego. Does this no-fault eviction moratorium affect my ability to evict my tenant for nonpayment of rent?

A: No, this no-fault eviction moratorium only limits evictions based on “no-fault” causes. Nonpayment of rent is an at-fault just-cause and is not subject to the moratorium. The no-fault causes that are subject to the moratorium include the following: 1) occupancy by owner/owner’s family or resident manager, 2) withdrawal from the rental market, and 3) substantial remodel/correction of violations. You should consult an attorney prior to serving your tenant a nonpayment or rent notice.

 

Q: I own a single-family residence in Pacific Beach that I currently rent to tenants. My husband and I would like to make it our primary residence. Can I terminate my tenants’ tenancy and what type of notice do I need to serve my tenants to comply with the City of San Diego no-fault eviction moratorium?

A: Yes, you can give the tenants a 90-day notice to quit with cause pursuant to the City of San Diego no-fault eviction moratorium. The no-fault eviction moratorium allows for termination for the following: “The landlord, or the landlord’s parent, grandparent, child or grandchild intend to occupy the rental unit as their primary residence…” Please take note that you may only terminate the tenancy for “The landlord, or the landlord’s parent, grandparent, child or grandchild” occupying the rental property. Additionally, they must use the property as their primary residence.  If you intend to serve a notice for a no-fault cause prior to October 1, 2022, you should consult with an attorney prior to threatening or serving such a notice to quit. 

 

Q: I have a condominium in the City of San Diego that I currently rent to tenants. I do not want to use the property as my primary residence, but I am considering withdrawing the property from the rental market so that my family can use the condo when they visit me. Can I terminate the tenancy based on withdrawal from rental market?

A: Yes, the no-fault moratorium does allow you to terminate the tenancy for withdrawal from the rental market with a 6-month notice. The no-fault eviction moratorium allows for termination for the following: “The landlord intends to withdraw all rental units in all buildings or structures on a parcel of land from the rental market and the landlord has provided all tenants on the parcel with at least six months prior written notice of the landlord’s intent to withdraw all rental units from the rental market.” Please note that you are only able to use this no-fault cause if you are withdrawing “all rental units in all buildings or structures on a parcel of land from the rental market and the landlord has provided all tenants on the parcel” with notice. As an example, if you have a parcel of land that contains two rental structures such as bungalows you would have to remove both bungalows from the rental market to terminate for withdrawal from the rental market. You should consult with an attorney prior to serving or threatening to serve a no-fault notice to terminate before October 1, 2022.

 

Q: I have a duplex located in Mission Valley, which is a neighborhood in the City of San Diego. I need to renovate the property because there is asbestos throughout the premises. Additionally, I have pulled permits to upgrade the plumbing throughout both units. Can I terminate the tenancies based on substantial remodel and correction of violations?

A: No, you cannot terminate solely for substantial remodel or correction of violations. The no-fault eviction moratorium allows for termination for the following: “The landlord seeks to recover possession of the rental unit for repair or construction work necessary to comply with a government or court order that necessitates vacating the rental unit concerning the safety or habitability of the rental unit or where continued occupancy severely threatens the immediate health and safety of the occupants.” Please note, you are only able to use this no-fault cause if you are terminating to comply with a government or court order.  For example, if you are served with a code enforcement notice that does not require the tenant to vacate, you cannot terminate based on this government/court order. You should consult with an attorney prior to serving or threatening to serve a no-fault notice to terminate before October 1, 2022.

 

Attorney Franco Simone, of Simone & Blevins, has been doing evictions for over 28 years.  He is also an adjunct law professor at the University of San Diego.  Mr. Simone’s office is open Monday – Friday from 9:00 AM to 5:00 PM.  Tel: 619-235-6180

website: www.landlordslegalcenter.com or email [email protected]