Understanding Rent Increase Regulations in San Diego, CA

Question from Liz, Understanding Rent Increase Regulations in San Diego, CA

Answer from AI:

Rent increases are a common concern for both landlords and tenants in San Diego, California. Understanding the legal framework surrounding this issue is crucial for both parties to ensure compliance with state laws and local ordinances. This guide provides a general overview of the regulations governing rent increases in San Diego, underlining the importance of consulting with a legal professional for personalized advice.

Statewide Rent Control: California Civil Code 1947.12

First and foremost, it’s essential to recognize that California has statewide rent control measures that apply to many rental properties. The California Tenant Protection Act of 2019 (AB 1482) introduced significant changes, including capping annual rent increases and requiring just cause for tenant evictions.

• Rent Increase Cap: Under AB 1482, landlords cannot increase rent by more than 5% plus the local rate of inflation, or 10% (whichever is lower), over a 12-month period. This cap is a cumulative limit, meaning all increases within a 12-month period must not exceed this threshold.
• Notice Requirements: Landlords must provide at least 30 days’ notice for rent increases of 10% or less and 90 days’ notice for increases above 10%.

It’s important to note that certain properties are exempt from these regulations, including housing built within the last 15 years and single-family homes not owned by corporations or real estate investment trusts.

San Diego Specific Regulations

In addition to statewide laws, San Diego may have specific ordinances that further regulate rent increases. As of my last update, San Diego follows the statewide rent control measures without additional local rent control ordinances. However, this can change, and it’s crucial to stay informed about any local regulations that may apply.

Steps for Landlords

For landlords considering a rent increase, the following steps are recommended:

1. Verify if the rental unit is subject to state rent control (AB 1482) and if any local ordinances apply.
2. Calculate the maximum allowable rent increase based on the current rate of inflation plus 5%, ensuring it does not exceed 10%.
3. Provide the tenant with the appropriate notice, adhering to the 30 or 90-day requirement based on the increase amount.
4. Document all communications and notices provided to the tenant for record-keeping.

Seeking Legal Advice

While this guide offers a general overview, the specifics of each situation can vary widely. Landlords and tenants may encounter unique circumstances that require professional legal advice. Consulting with a legal professional can help navigate the complexities of rent control laws and ensure compliance.

For more detailed information on the California Tenant Protection Act of 2019, you can visit the official text of AB 1482.

Remember: Laws and regulations are subject to change. Always verify the current legal requirements and consider seeking legal advice for your specific situation.