Answer Block: Landlords in San Diego and San Jose must adhere to specific just-cause eviction rules beyond the statewide AB 1482 requirements. San Diego’s ordinance extends notice periods and includes additional protections for tenants, while San Jose has stricter relocation assistance requirements.
Permitting & Zoning Standards
ADU Rules
In San Diego, landlords can build Accessory Dwelling Units (ADUs) under certain conditions. The city requires compliance with local zoning laws and permits, which must be obtained before construction begins. Landlords must also adhere to the city’s ADU height, setback, and density requirements (San Diego Municipal Code § 16.20).
In San Jose, ADUs are permitted in residential zones with specific height and density limits. Landlords must apply for a permit from the City of San Jose’s Building Department, which includes compliance with local zoning and building codes (San Jose Municipal Code § 16.20).
Owner-Occupancy Requirements
Both San Diego and San Jose have restrictions on owner-occupied rentals. Landlords must ensure that they are not living in the property themselves, except under certain circumstances (San Diego Municipal Code § 16.20; San Jose Municipal Code § 16.20).
Parking Minimums
San Diego requires a minimum of one parking space per dwelling unit in most residential zones, unless the property is located in a high-density area (San Diego Municipal Code § 16.20). San Jose has similar requirements, with exceptions for certain neighborhoods (San Jose Municipal Code § 16.20).
Lease Structuring, Utility Metering, and Disclosures
Lease Agreement
Landlords in both cities must provide tenants with a lease agreement that includes all necessary disclosures. This includes information about rent, security deposit, eviction procedures, and any other terms agreed upon by both parties. Landlords must also ensure that the lease includes the mandatory disclosures required under California law, such as AB 1482 notices and bedbug information (California Civil Code § 1954.603).
Utility Metering
In San Diego, landlords must provide tenants with separate utility meters for electricity and water. Landlords are responsible for the maintenance of these meters, and tenants must pay their own utility bills (San Diego Municipal Code § 16.20). In San Jose, landlords must also provide separate utility meters for electricity and water (San Jose Municipal Code § 16.20).
Disclosures
Landlords in San Diego must provide tenants with a notice of eviction within 3 days of receiving a non-payment notice, unless the tenant has already been given notice under AB 1482. Landlords in San Jose must provide tenants with a notice of eviction within 5 days of receiving a non-payment notice, unless the tenant has already been given notice under AB 1482 (San Diego Municipal Code § 16.20; San Jose Municipal Code § 16.20).
State Landlord-Tenant Act Compliance
Notice Periods
Under California law, landlords must provide tenants with a 3-day notice to pay rent or quit. In San Diego, this period can be extended by up to 5 calendar days if the notice is mailed via nail-and-mail (California Civil Code § 1946.1). In San Jose, landlords must provide tenants with a 5-day notice to pay rent or quit (San Diego Municipal Code § 16.20; San Jose Municipal Code § 16.20).
Deposit Handling
Landlords in both cities must handle security deposits according to California law. Deposits are capped at one month’s rent, with some exceptions for small landlords and active duty military members. Landlords must also provide tenants with a written notice of any deductions within 21 days of the tenant’s surrender of possession (California Civil Code § 1950.5).
Fee Caps
Landlords in San Diego are subject to a $62.02 screening fee cap, while landlords in San Jose must adhere to the same cap (California Civil Code § 1950.6).
Defensible Record-Keeping & Compliance Checklist
Landlord Responsibilities
- Compliance with Local Ordinances: Ensure compliance with San Diego or San Jose’s local zoning and building codes.
- Lease Agreement: Provide tenants with a lease agreement that includes all necessary disclosures and terms.
- Utility Metering: Provide separate utility meters for electricity and water.
- Notice Periods: Adhere to the required notice periods for eviction, rent payment, and security deposit deductions.
- Deposit Handling: Handle security deposits according to California law, including the $62.02 screening fee cap.
- Disclosures: Provide tenants with mandatory disclosures, such as AB 1482 notices and bedbug information.
Tenant Responsibilities
- Payment of Rent: Pay rent on time as specified in the lease agreement.
- Eviction Defense: If faced with an eviction notice, review the reasons for eviction and seek legal advice if necessary.
- Move-Out Notice: Provide proper notice of vacating the property when moving out.
Record-Keeping
- Maintain Documentation: Keep detailed records of all lease agreements, eviction notices, and security deposit transactions.
- Security Deposit Refund: Ensure that the security deposit is refunded within 21 days of the tenant’s surrender of possession, with an itemized statement.
- Notice Periods: Keep copies of all eviction notices and payment receipts for tenant records.
Legal Compliance
- Review Local Ordinances: Stay updated on changes to local ordinances and ensure compliance.
- Seek Legal Advice: Consult with a licensed attorney if faced with complex legal issues or disputes.
- Follow State Laws: Adhere to California state laws and regulations, including the Landlord-Tenant Act.
By following these guidelines and maintaining thorough record-keeping, landlords can ensure that their properties are in compliance with local and state regulations.