Requirements Upon Termination of Tenancy
San Diego Municipal Code § 98.0706
in effect§98.0706 Requirements Upon Termination of Tenancy
(a) Requirements Upon Termination of Tenancy for At-Fault Just Cause. If a landlord issues a termination notice for at-fault just cause, the landlord shall do the following:
(1) Notice to Tenant. 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 under California Code of Civil Procedure section 1161(3), as may be amended. If the violation is not cured within the time period in the notice, the landlord may terminate the tenancy without another opportunity to cure by serving a three-day notice to quit.
(2) Notice to Commission. The landlord shall provide written notice to the Commission of the at-fault just cause termination of tenancy under section 98.0704(a) no later than three business days after the date the landlord provided the required notice to tenant. Section 98.0706(a)(2) shall not apply until 30 days after the Commission establishes a submission portal and provides the public notice of its creation.
(b) Requirements Upon Termination of Tenancy for No-Fault Just Cause. If a landlord issues a termination notice for no-fault just cause, the landlord shall do the following:
(1) Notice to Tenant. The landlord shall give written notice to the tenant at least 30 or 60 days prior to the proposed date of termination as required by California Civil Code section 1946.1, as may be amended, in no less than 12-point font. The written notice shall contain the following:
(A) The landlord shall provide a description of the basis for the termination.
(B) The notice shall state the tenant’s right to relocation assistance established in section 98.0706(c) by a direct payment to the tenant or rent waiver.
(i) If the landlord elects to provide relocation assistance by a direct payment to the tenant, the notice shall state the amount of relocation assistance available to the tenant and that the landlord shall provide the payment within 15 days from the date of the notice.
(ii) If the landlord elects to provide relocation assistance by rent waiver, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the tenancy.
(C) The notice shall state the tenant’s right to receive an offer to renew the tenancy established in section 98.0706(d) and 30 days to accept the offer in the event the residential rental property is offered again for rent or lease for residential purposes within five years of the date the tenant was evicted under sections 98.0704(b)(1), (3), or (4), and that to exercise such right, the tenant:
(i) shall notify the landlord in writing within 30 days of the termination notice of tenant’s desire to receive an offer to renew the tenancy;
(ii) provide the landlord a mailing address or email address for the landlord to send the offer; and
(iii) provide the landlord a change of mailing address or email address.
(2) Notice to Commission. The landlord shall provide written notice to the Commission of the no-fault just cause termination of tenancy under section 98.0704(b) no later than three business days after the date the landlord provided the required notice to tenant. Section 98.0706(b)(2) shall not apply until 30 days after the Commission establishes a submission portal and provides the public notice of its creation.
(c) Relocation Assistance for Termination of Tenancy for No-Fault Just Cause.
(1) 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 by one of the following:
(A) The landlord shall provide a direct payment to the tenant.
(i) Unless section 98.0706(c)(1)(A)(ii) applies, the direct payment to the tenant shall be in an amount equal to two months of actual rent under the tenant’s lease in effect at the date of the notice.
(ii) If the tenant is a senior or disabled, the direct payment to the tenant shall be in an amount equal to three months of actual rent under the tenant’s lease in effect at the date of the notice.
(B) The landlord shall waive, and not collect the payment by tenant, of any currently due or future rent under the tenant’s lease at the time of the notice and through the remainder of the tenancy in an amount equal to the applicable direct payment as set forth in section 98.0706(c)(1)(A).
(2) When more than one tenant occupies the residential rental property and the landlord elects to provide direct payment of relocation assistance to the tenants, the landlord may make a single direct payment to all the tenants named in the lease.
(3) The relocation assistance required by this Division shall not relieve the landlord’s obligation to, and shall be in addition to, the return of any deposit or security amounts owed to the tenant.
(4) Any relocation assistance required by this Division shall be credited against any other relocation assistance required by any federal, state, or other local law.
(5) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance provided under this Division may be recoverable by landlord as damages in an action to recover possession of the residential rental property.
(d) Additional Requirement Upon Termination of a Tenancy for No-Fault Just Cause.
If a residential rental property is offered for rent or lease for residential purposes within five years of the date the tenant was evicted under sections 98.0704(b)(1), (3), or (4), 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 if the tenant:
(1) advised the landlord in writing within 30 days of the termination notice of the tenant’s desire to receive an offer to renew the tenancy; and
(2) provided the landlord a mailing address or email address for the landlord to send the offer, including any change of mailing address or email address.
The landlord shall have the right to screen the tenant using industry accepted methods and shall communicate the minimum screening criteria in the written offer for the new tenancy. The tenant shall have 30 days from the date of receipt of the offer to accept.
(e) In addition to other remedies applicable to landlord’s failure to comply with this Division, a landlord's failure to strictly comply with section 98.0706 shall render void any notice of termination required by section 98.0706.
(“Requirements Upon Termination of Tenancy” added 5-25-2023 by O-21647 N.S.; effective 6-24-2023.)
Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter09/Ch09Art08Division07.pdf#page=13Fetched: 10/28/2026