San Diego No Fault Eviction Moratorium

If you have rental property in the City of San Diego or in Chula Vista, you need to watch this video or read this blog because we’re going to cover the new, San Diego No Fault Eviction Moratorium that’s going to affect you if you have tenants in place in 2022. 

No Fault Eviction Moratorium

As reported by NBC San Diego, there is now a ban in the City of San Diego on what they’re terming, “no fault eviction”. Chula Vista is expected to follow suit shortly as well. No fault evictions are really just simply lease terminations. If you have a one-year lease in place or month to month, and that ends, then you cannot actually terminate that lease to move the tenant out for various reasons. A reasons for moving a tenant out might be to raise the rents (in compliance with the rent control ordinance that we have). Or it could be to move into the house yourself to occupy it, or to take that rental property off the market and sell it.

Notice Timelines for Lease Terminations

If you are looking to move back into the property yourself, you can issue a 90 day notice and then you can go ahead and move the tenant out and move back in yourself. If you’re looking to take the rental property off the market and sell it, you can issue a six month notice and then sell it at that time. But if you’re just looking to move a tenant out so you can raise the rents, that’s a no-go for quite some time. This is in effect until either September 2022 or 60 days after the San Diego County State of Emergency ends.

The county recently extended the State of Emergency and is essentially tied to the California State of Emergency. And as we all know, at this point, we don’t know when that’s going to end. It seems to be dragging on for a very long time. 

You can negotiate cash for keys to try to move the tenant out, of course, as well. However, I would highly recommend whatever you’re trying to do, whatever your plan is, you get in touch with me and we get in touch with a local eviction attorney that specializes in all these cases, and she can walk you through exactly what needs to happen, how to issue the notices and make sure that everything is done ethically and legally so that everything goes as smooth as possible. Don’t try to do this on your own. Let’s get some professional help to navigate this situation. 

One word of advice too, if the tenant does not pay rent at all, then you can issue a normal eviction notice and go through those processes that as you’re aware, that can take quite some time. Even in this case, you’ll want to work with an attorney to make sure everything is done correctly. If the tenant is already paying partial rent under the COVID relief and they’ve applied for COVID relief, they’ve documented that, you cannot evict either. It has to simply be that they have not applied for any COVID relief funds and they’re not paying rent. Then you can go ahead and evict. 

If you’re looking to move a tenant out to sell your home, please reach out and let’s talk about how you can navigate this with the eviction attorney who can help navigate this as well. Wondering what it’s like to sell your home with Chism Realty Group? Click here to see all the benefits of working with us. Let’s get through this difficult time. It’s difficult for everybody, for tenants and for landlords, of course, as well, but I’m here to help you with your specific needs.

Curtis Chism, Realtor
858-281-2568 | Mobile
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