City of San Diego Temporary Ban on Residential ‘No Fault’ Evictions
The San Diego City Council has adopted a temporary ban on residential “no fault” evictions. It will take effect on May 22, 2022, which is 30 days after San Diego Mayor Todd Gloria signed the ordinance. Under this local law, “no fault” evictions would not be allowed in the City of San Diego until September 30, 2022, or 60 days after the end of the local state of emergency declared by the Mayor due to the COVID-19 pandemic, whichever date occurs first.
What is a ‘No Fault’ Eviction?
A “no fault” eviction occurs when a landlord ends a lease with the tenant for reasons that do not involve any alleged nonpayment of rent, wrongful behavior or lease violation by the tenant.
Tenants are still required to pay rent per their lease agreement with the landlord. Evictions are allowed for nonpayment of rent, wrongful behavior or lease violations.
When is a ‘No Fault’ Eviction Allowed?
The City of San Diego law, if approved, would continue to allow “no fault” evictions in any of the following circumstances:
- The landlord intends to remove the rental units from the rental market and has provided all affected tenants written notice at least six months in advance.
- The landlord wants to take possession of the rental unit for repair or construction work necessary to comply with a government or court order, and the work requires vacating the rental unit because it would threaten the immediate health and safety of the occupants.
- The landlord, or the landlord’s parent, grandparent, child or grandchild intend to occupy the rental unit as their primary residence, and the landlord has provided written notice to the affected tenant at least 90 days in advance.
The term “rental unit” includes apartments, condominiums, single-dwelling units, and hotel rooms that are not used solely for transient occupancies.
What if a Landlord Attempts a ‘No Fault’ Eviction?
If the City law is approved at its second reading, tenants may use the protections in the City law as an affirmative defense if a landlord files an eviction action (unlawful detainer).
Enforcement
The City of San Diego also reserves the right to enforce the administrative remedies in Chapter 1, Article 2 of the San Diego Municipal Code and to pursue any other remedies legally available against individuals knowingly or intentionally violating the provisions of the City’s Ordinance or falsifying information to qualify for the relief granted in the Ordinance.
