California Eviction & Tenant Rights 2026
AB 1482 just-cause protections, eviction notices, unlawful detainer, and San Diego tenant defenses
By John Quigley · Updated May 27, 2026
Key Protection: Under California AB 1482 (Tenant Protection Act), most San Diego renters who have lived in their unit over 12 months are protected from "no-fault" evictions without just cause and may be entitled to relocation assistance equal to 1 month's rent.
California AB 1482 — Just-Cause Eviction Protections
California's Tenant Protection Act (AB 1482, Civil Code §1946.2) requires landlords to have "just cause" to evict tenants who have lived in a unit for more than 12 months. Just cause falls into two categories:
At-Fault Just Cause (no relocation assistance required)
- Non-payment of rent
- Breach of lease terms (after cure notice)
- Causing significant damage to the unit
- Nuisance or criminal activity
- Subletting without permission
- Refusing entry after proper notice
No-Fault Just Cause (relocation assistance required)
- Owner/immediate family member moving in
- Withdrawal of unit from rental market (Ellis Act)
- Substantial demolition or remodel requiring vacancy
- Government order requiring vacancy
California Eviction Notice Requirements
| Notice Type | When Used | Legal Basis |
|---|
| 3-Day Notice to Pay or Quit | Non-payment of rent | CCP §1161(2) |
| 3-Day Notice to Perform or Quit | Lease violation (curable) | CCP §1161(3) |
| 3-Day Notice to Quit | Serious lease violation (incurable) | CCP §1161(4) |
| 30-Day Notice | Month-to-month tenancy under 1 year | Civil Code §1946 |
| 60-Day Notice | Month-to-month tenancy over 1 year | Civil Code §1946.1 |
| 90-Day Notice | Section 8 / HUD-assisted housing | Federal law |
The San Diego Unlawful Detainer Process
- Proper notice served — Notice must be served correctly (personal service, substituted service, or post-and-mail)
- Notice period expires — Tenant doesn't pay/comply/vacate
- Unlawful detainer complaint filed in San Diego Superior Court (Central, North, East, or South Division)
- Summons served — Tenant has 5 court days to respond
- Default or trial — If tenant doesn't respond, default judgment within days; if response filed, trial set within 20 days
- Writ of Possession — Issued after judgment; San Diego Sheriff posts 5-day notice
- Lockout — Sheriff conducts lockout (typically 2–3 weeks after writ issues)
San Diego-Specific Tenant Protections
San Diego has local tenant protections that exceed state law in some areas. The San Diego City Council has enacted additional just-cause eviction protections applicable to certain older buildings not covered by AB 1482. Always check current San Diego Municipal Code provisions as local law can change.
Tenant Defenses to Eviction
San Diego tenants can raise these defenses in unlawful detainer court:
- Defective notice — Improper service, wrong amount stated, failed to allow cure period
- Retaliatory eviction — Eviction in response to tenant complaints about habitability (Civil Code §1942.5)
- Discrimination — Protected class basis (race, sex, national origin, source of income, etc.)
- Uninhabitable conditions (warranty of habitability) — Civil Code §1941.1
- AB 1482 violation — No just cause or failure to pay relocation assistance
Frequently Asked Questions
How long does eviction take in San Diego?
If a tenant does not contest the eviction, a San Diego unlawful detainer can be completed in 3–6 weeks from the time the initial notice period expires. Contested cases with a trial typically take 6–12 weeks. Complex cases involving habitability claims, AB 1482 violations, or discrimination allegations can take 3–6 months. During this time, a tenant can remain in possession if they file a response.
Can a landlord lock me out without going to court in California?
No. California strictly prohibits 'self-help' evictions under Civil Code §789.3. A landlord cannot change your locks, remove your belongings, shut off utilities, or remove doors/windows to force you out — regardless of whether you owe rent. Doing so exposes the landlord to statutory damages of $100/day (minimum $250) plus actual damages and attorney's fees. If your San Diego landlord locks you out illegally, you can get an emergency court order for re-entry.
Am I entitled to relocation assistance if I'm evicted in San Diego?
If you have lived in your unit over 12 months and the eviction is for a no-fault just-cause reason (owner move-in, Ellis Act, substantial remodel), AB 1482 requires the landlord to pay relocation assistance equal to one month's rent. San Diego's local ordinances may provide additional protections in some cases. If the eviction is for at-fault reasons (non-payment, lease violation), no relocation assistance is required.
What if my landlord won't fix habitability problems in my San Diego apartment?
Under Civil Code §1941.1, California landlords must maintain rental units in habitable condition (working heat, plumbing, weatherproofing, pest-free). If your landlord fails to make repairs after written notice, you have several options: repair-and-deduct (up to 1 month's rent, twice per year), rent withholding into an escrow account, Code Enforcement complaint with the City of San Diego, or a lawsuit for breach of warranty of habitability. An eviction defense triggered by your habitability complaints may be retaliatory eviction under Civil Code §1942.5.
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