Renting in San Diego: 5 Laws You Should Know

Renting in San Diego, California, comes with its own set of landlord tenant laws. These laws are important for anyone making the move to or currently renting in San Diego to know.

1. Term Lease Agreements for More than One Year Cannot Be Oral

In San Diego, if you are negotiating or getting involved with a term lease agreement for any term over one year, it must be in writing. Orally agreed to lease terms in excess of one year are not valid. This is important to know to protect yourself, so that after the one year period expires, you don’t find yourself without a place to live, or an incredibly hiked up rent. So, get it in writing!

2. If You Are a Victim of Domestic Violence You Can Terminate Your Lease

If you are renting in San Diego, and find yourself to be in the unfortunate situation of domestic violence, you do not have to fee trapped in your rental unit. Get a restraining order and a police report, and submit copies of these documents to your landlord. In San Diego, with such evidence, your landlord is required to release you from your rental agreement. That being said, if the tables are turned, and you have had a domestic violence claim brought against you, your landlord can give you a three day notice to vacate the property.

3. At Least One Pet Is Allowed

If you are a renter in a mobile home park, or condominium development in San Diego, you, by law, are allowed to have one pet per dwelling. You must comply with other pet restrictions as may be imposed by your rental management company, but generally speaking, you can keep your dog or cat. So, if you landlord is telling you no pets are allowed, be sure to investigate the full extent of this law before giving your pup or kitty away.

4. Your Security Deposit Must Be Returned within 21 Days

Security deposits are something that differ in almost every state, and almost every municipality. In San Diego, the landlord is required to return your security deposit within 21 days from when you move out (less any applicable deductions for damages). When security deposits are often times a hefty chunk of change, you want to be sure you know this, so you can be sure your landlord lives up to this requirement. Furthermore, if the landlord is claiming damages that are more that $125, he must submit supporting documentation and receipts to you, and this must be provided within 14 days of your moving out.

5. No Interest on Your Security Deposit

Here is another area where security deposits differ in different states and municipalities-interest on a security deposit. Some places require landlord to deposit your security deposit in an interest bearing account. In San Diego this is not required. It is also not required that the landlord hold your money in a separate account. You security deposit can be co-mingled and used with the landlords other funds. Remember, if he doesn’t return it, or doesn’t return it properly, when renting in San Diego you have rights-go to small claims court.

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Emily Gojko: I am a writer, marketer, and manager with a strong background in real estate development and management. I am also a native New Yorker with an obsession for home design shows, so I have personal and professional experience making the most of small spaces, and dealing with good and bad living situations.