A San Diego lease agreement is a legally binding contract between a landlord and a tenant outlining the terms and conditions of renting a property. The document serves to protect the rights and responsibilities of both parties and includes the duration of the lease, the monthly rent and security deposit amounts, rules for maintenance and repairs, and any additional restrictions specific to the rental property.
San Diego Lease Requirements
Landlords are required to comply with the San Diego Municipal Code. Some fundamental considerations include:
Crime-Free Addendum
Some buildings in San Diego might need a Crime-Free Multi-Housing Certification. Owners of such properties are also required to incorporate a crime-free addendum into the lease agreement (San Diego Municipal Code Sec. 32.1211).
Just Cause Evictions
Landlords are prohibited from evicting tenants without a valid reason. This regulation applies to both at-fault and no-fault evictions (San Diego Municipal Code Sec. 98.0704):
- In cases of no-fault evictions, landlords are required to offer relocation assistance to the tenant. Furthermore, if the property becomes available for rent or lease within five years of the eviction, the landlord must extend the initial offer of occupancy to the displaced tenant. However, this obligation arises only if the tenant formally requested a renewal offer within 30 days of receiving the eviction notice.
- When at-fault evictions occur, landlords are obliged to provide written notice of the eviction along with an opportunity for the tenant to rectify the violation, provided it is something that can be remedied.
When serving an eviction notice in San Diego, landlords are required to include a copy of the Tenant Protection Guide. This resource offers tenants facing evictions valuable information and protection, such as relocation assistance.
A buyout agreement occurs when a landlord proposes monetary compensation to a tenant in exchange for vacating their unit. Unlike just-cause evictions, buyout agreements are subject to fewer regulations, potentially resulting in landlords exerting pressure to prompt tenants to leave their property. In San Diego, landlords must provide tenants with a written disclosure outlining their rights before discussing a buyout agreement (San Diego Municipal Code Sec. 98.0707).
Optional Lease Disclosures and Addendums
Landlords have the option to include additional disclosures and addendums in their leases, helping define tenant responsibilities and mitigate potential liability concerns.
- Medical marijuana use disclosure: Given that medical marijuana use is legal in San Diego, it’s essential to address whether it will be allowed on the rental property. In California, landlords have the authority to limit marijuana consumption solely to non-smoking methods. Additionally, they should clearly define any designated smoking areas on the premises.
- Pet disclosure: With San Diego’s reputation as one of the most dog-friendly cities in the U.S., landlords should consider addressing whether pets are permitted on the property, outline the tenant’s responsibility for any pet-related damages, and detail any additional fees or restrictions.
