Being a landlord in San Diego County has always been a bit of a balancing act. But as we move
through 2026, it feels more like walking a tightrope over a pit of hungry litigation lawyers. Between
the California Tenant Protection Act (AB 1482) and the more recent tightening of the screws via SB
567, the "No-Fault" eviction process has become a legal minefield.
One wrong step: a missing sentence in a notice or a miscalculated relocation payment: and your eviction isn't just delayed; it’s dead in the water, and you might be writing a check to your tenant for
"wrongful eviction."
As both a real estate broker and an attorney, I see these mistakes from both sides of the fence. I understand the "street" reality of managing property and the "courtroom" reality of defending a landlord's rights. If you are struggling with a difficult tenancy or need to reclaim your property, you need
a strategy that covers both bases.
Here are the seven most common (and expensive) mistakes San Diego County landlords are making
right now with no-fault evictions and how you can avoid them.
1. Failing the ‘Owner Move-In’ Residency Rule (The 12-Month
Trap)
It sounds simple: "I want to move back into my house, so the tenant has to leave." Under SB 567,
which is now in full swing in 2026, the requirements for an owner move-in have become much
stricter.
You, or your qualified family member (spouse, domestic partner, children, grandchildren, parents, or
grandparents), must move into the unit within 90 days of the tenant vacating. But here is the kicker:
you must live there as your primary residence for at least 12 consecutive months.
If you evict a tenant for an owner move-in and then put the property back on the rental market six
months later because you "changed your mind," you are effectively handing that former tenant a
golden ticket to sue you. In San Diego County, courts are looking closely at these timelines. If you
don't stay for the full year, the law presumes the eviction was done in bad faith.
2. Ignoring the ‘Comparable Unit’ Rule
One of the newest hurdles introduced by SB 567 is the "Comparable Unit" requirement. If you own
multiple units on the same property: say, a duplex or a house with an ADU: and one of those units is
currently vacant and comparable to the one the tenant is in, you cannot evict the tenant for an owner
move-in.
The law requires you to use the vacant unit first. You can’t pick and choose which tenant to displace if
you have an empty spot that meets your needs. Many landlords in San Diego County are getting hit
with "bad faith" claims because they tried to evict a long-term tenant with low rent to move in, while
a similar unit sat empty or was recently renovated for a higher price.
3. Using ‘Cosmetic’ Remodels as a Pretext
The "Renoviction" was a popular tactic for years, but the 2026 legal landscape has largely ended that.
To evict a tenant for "substantial remodeling," the work must be truly substantial.
We aren't talking about a fresh coat of eggshell paint and some new vinyl plank flooring. To qualify
as a no-fault "just cause" eviction, the remodel must:
- Require the tenant to vacate for at least 30 days.
- Involve the replacement or substantial modification of structural, electrical, plumbing, or mechanical systems.
- Require a permit from San Diego County or your specific city building department.
If you serve a notice for a remodel and the tenant finds out you only spent three days swapping out a
bathroom vanity, you could be liable for statutory damages. Always keep your permits and contractor
contracts ready as evidence.
4. Botching Relocation Assistance (The 15-Day Deadline)
In a no-fault eviction, you owe the tenant relocation assistance. This is usually equal to one month of
the tenant's rent. You have two choices: pay them directly or waive the final month of rent in writing.
The mistake? Timing. Under California law, if you choose to pay the tenant, you must provide that
payment within 15 days of serving the notice to terminate the tenancy. If you miss that window, the
entire notice is void. I’ve seen San Diego County landlords lose months of progress because they
waited until the tenant moved out to hand over the check.
Pro-tip: If you choose to waive the rent instead of paying cash, make sure that waiver is clearly stated
in the termination notice itself.
5. Forgetting the New 10-Day Response Window for Tenants
In 2026, the "wait and see" approach doesn't work. New procedural updates give tenants a specific
window to respond to no-fault notices before an Unlawful Detainer can even be filed.
If a tenant disputes the "just cause" (for example, they claim your remodel isn't substantial enough),
you need to be prepared to engage or provide further documentation immediately. Ignoring a ten-
ant's formal response to your notice can lead to a judge tossing your case before you even get to a
hearing. San Diego County courts are currently backlogged, and the last thing you want is to wait
three months for a court date only to have it dismissed on a technicality.
6. Missing Mandatory SB 567 Disclosure Language
You can't just write "I need the house back" on a piece of paper and call it a day. The law now requires very specific "magic words" to be included in your termination notice.
SB 567 requires landlords to include specific language informing the tenant of their rights, the reason
for the eviction, and the details regarding relocation assistance. If you are using a generic eviction
form you found online in 2019, you are almost certainly missing the mandatory 2026 disclosures.
Missing this language makes the notice legally defective. In the eyes of a San Diego County judge, a
defective notice is as good as no notice at all.
7. Retaliatory Rent Hikes to Bypass Just Cause
Some landlords try to be "clever." Instead of going through the no-fault eviction process, they simply
raise the rent by 20% or 30%, hoping the tenant will just leave on their own.
In San Diego County, this is a dangerous game. If your property is subject to AB 1482, your rent increases are capped (usually 5% + CPI, not to exceed 10%). Even if your property is exempt, a massive
rent hike immediately following a tenant's request for repairs or right before you want to sell can be
flagged as "constructive eviction" or "retaliation."
If the court determines you raised the rent specifically to circumvent "Just Cause" eviction protections,
you could be hit with heavy fines and be forced to let the tenant stay at the original rate.
How to Fix These Mistakes Before They Cost You
The common thread in all these mistakes is a lack of updated information. The laws in San Diego
County change fast, and the 2026 standards are the strictest we’ve ever seen.
If you are a landlord and you’re feeling overwhelmed, you aren't alone. That’s exactly why I created a
comprehensive resource for property owners. You can check out my Teachable course, 'The Eviction
Process in California,' which breaks down the step-by-step requirements for both "At-Fault" and
"No-Fault" evictions. It’s designed to help you avoid the pitfalls that lead to expensive lawsuits.
Why You Need a Broker-Attorney on Your Side
When you’re dealing with high-stakes real estate in San Diego County, you don’t just need a lawyer
who knows the law; you need someone who understands the market. As a real estate broker and attorney, I can help you evaluate whether a no-fault eviction is your best move, or if there is a better real estate strategy (like a "Cash for Keys" agreement or a strategic sale) that gets you to your goal
faster and with less risk.
Additionally, if your tenant issues are complicated by their own financial distress, my background as a bankruptcy attorney allows me to navigate the "automatic stay" and other hurdles that often stall evictions in federal court.
Contact the Law Office of Andrew H. Griffin, III, APC Today
Don't wait until you get a court summons to get professional help. Whether you are drafting your
first notice or you’re already in the middle of a dispute, we can help you navigate the complexities of
SB 567 and San Diego County local ordinances.
Reach out to us today:
- Phone: (619) 853-3009
- Contact Online: https://www.andrewgriffinlawoffice.com/contact/
Let’s get your property back on track: the right way.