Being a landlord in San Diego County in 2026 requires more than just a property and a lease agreement; it requires a deep understanding of a rapidly shifting legal landscape. You might be feeling the
weight of new regulations, longer notice periods, and increased tenant protections that seem to favor
everyone but the property owner. It is normal to feel overwhelmed when the rules change while you
are simply trying to manage your investment.
The truth is, the eviction process in California has become a procedural minefield. One small mistake
on a notice or a missed deadline can reset your entire case, costing you months of lost rent and thousands in legal fees. Whether you are dealing with non-payment of rent, a lease violation, or a complex
"no-fault" termination, you need a strategy that complies with both the City of San Diego’s local ordinances and the latest 2026 state laws.
At the Law Office of Andrew H. Griffin, III, APC, we have been helping landlords navigate these
waters since 1983. With over 40 years of experience, Andrew Griffin offers a perspective you won't
find at most firms: he is both a veteran attorney and a California-licensed real estate broker. This dual
expertise means he understands the legal hurdles of the courtroom and the financial realities of the
real estate market.
How Have San Diego’s Local Laws Changed Your Rights?
If your property is located within the City of San Diego, you are subject to the Residential Tenant
Protections Ordinance that went into full effect in late 2023. This local law is significantly stricter
than the statewide Tenant Protection Act (AB 1482).
One of the most critical shifts you need to be aware of is that "just cause" protections now apply
from day one of a tenancy. In the past, you might have had more flexibility during the first year of a
lease, but those days are gone. If you intend to terminate a tenancy for a "no-fault" reason: such as
moving into the unit yourself or performing a substantial remodel: you are now required to provide
relocation assistance.
In San Diego, this assistance typically equals two months of the tenant’s actual rent. If your tenant is
a senior (62+) or has a disability, that requirement jumps to three months. Failing to offer this payment or properly document the "just cause" can lead to your eviction case being thrown out of court
immediately.
What Are the New 2026 State Law Challenges You Face?
As of January 1, 2026, several new California laws have added layers of complexity to the eviction
process. You must be aware of these before you even serve your first notice.
The Social Security Hardship Defense (AB 246)
A major change this year involves tenants who rely on federal benefits. If a tenant is unable to pay
rent specifically because of a delay, reduction, or termination of their Social Security (SSI or SSDI)
benefits, they now have a valid legal defense to stay an eviction. With roughly 150,000 San Diego residents receiving these benefits, this is a scenario you are likely to encounter. Courts can now pause
your eviction proceedings if the tenant proves the hardship is due to federal administrative delays.
Habitability and Mandatory Appliances (AB 628)
For any leases signed in 2026 or later, you are now legally required to provide a working stove and
refrigerator in every rental unit. While many landlords already do this, it is now a strict habitability requirement. If you fail to provide these or keep them in working order, a tenant can use "breach of
habitability" as a defense against an eviction for non-payment. Non-compliance can also result in
fines of up to $2,500.
Disaster and Mold Protections (SB 610)
Given that much of San Diego County sits in wildfire-prone areas, SB 610 introduces new obligations.
If a disaster strikes, you are now prohibited from charging rent or late fees during mandatory evacuations. Furthermore, if a unit becomes uninhabitable due to a disaster or mold, the tenant has expanded rights to terminate the lease or demand the return of prepaid rent.
What Does the Step-by-Step Eviction Process Look Like?
When you realize an eviction is necessary, you cannot simply change the locks or cut off utilities.
"Self-help" evictions are illegal and will result in heavy penalties against you. You must follow the formal Unlawful Detainer process.
1. Serve the Correct Notice: This is where most landlords fail. Depending on the situation, you may
need a 3-Day Notice to Pay or Quit, a 3-Day Notice to Cure or Quit, or a 30/60/90-Day Notice to
Terminate. In 2026, the formatting and delivery requirements for these notices are stricter than
ever.
2. File the Unlawful Detainer Complaint: If the notice period expires and the tenant has not complied, you must file a lawsuit in the San Diego Superior Court.
3. Tenant Response Window: Once served with the summons, the tenant generally has ten days to
respond. However, under the new 2026 rules, these windows can sometimes be expanded if the
tenant raises specific hardship defenses.
4. The Court Hearing: If the tenant contests the eviction, a trial will be set. This is where having an
experienced San Diego eviction attorney is vital. You must prove that you followed every procedural step perfectly.
5. Judgment and Writ of Possession: If you win, the court will issue a judgment for possession and
a Writ of Possession.
6. Sheriff Lockout: You take the Writ to the San Diego County Sheriff’s Department. They are the
only ones authorized to physically remove a tenant from your property.
Why Should You Work with a Broker-Attorney?
The intersection of real estate law and property management is complex. Many eviction lawyers in
San Diego understand the statutes, but they don't understand the mechanics of a real estate transaction.
Because Andrew H. Griffin, III is also a licensed real estate broker, he looks at your case through a
wider lens. If you are evicting a tenant so you can sell the property, he can manage both the legal removal and the subsequent listing and sale of the asset. This "one-stop-shop" approach saves you
time, reduces the chance of communication errors between different professionals, and ensures your
investment is protected from start to finish.
We have seen every tactic in the book used by "professional tenants" to delay the process. Since
1983, we have developed the strategies needed to counter these delays and get your property back
into your hands as quickly as the law allows.
Common Mistakes You Must Avoid
• Accepting Partial Rent: If you accept even a dollar of rent after serving a 3-Day Notice, you likely
waive your right to evict based on that notice and have to start all over.
• Improper Service: Leaving a notice on a doorstep isn't always enough. California law has very
specific rules about "substituted service" and "nail and mail" procedures.
• Retaliation: If a tenant recently complained about a repair or joined a tenant union, any eviction
attempt within the following six months may be viewed by the court as retaliatory, which is a complete defense for the tenant.
• Incorrect Information on the Notice: If the amount of rent owed is off by even a small margin,
or if the address is slightly misspelled, the court may dismiss your case
Take Control of Your Property Today
You don’t have to navigate the complexities of California real estate law alone. Whether you are dealing with a single-family home in El Cajon or a large multi-unit complex in downtown San Diego, the
Law Office of Andrew H. Griffin, III, APC is here to provide the direct, effective legal support you
need.
We pride ourselves on being accessible to our clients. We offer bilingual services in English and Spanish to ensure clear communication, and we are available 24/7 via text for urgent matters. We also believe in empowering landlords through education; you can find our comprehensive courses, including
"The Eviction Process in California," on our Teachable platform.
Don't let a difficult tenant ruin your investment. Let a team with over 40 years of experience and the
unique perspective of a broker-attorney handle the heavy lifting for you.
Contact the Law Office of Andrew H. Griffin, III, APC today to schedule your consultation.
- Phone: (619) 853-3009
- Contact Us Online: https://www.andrewgriffinlawoffice.com/contact/