San Diego Eviction Defense & Housing Lawyer

Step 1: Determine if you are protected by San Diego's "Just Cause for Eviction" Ordinance. If you live within the City of San Diego and your rental unit is not exempt (e.g., a single-family home not owned by a corporation), you are likely protected by the San Diego Municipal Code's TenantProtection Ordinance. This means your landlord must have a specific "just cause" reason to evict you after you've lived there more than one year. Valid reasons include nonpayment of rent, a material lease violation, owner move-in, or withdrawal from the rental market. If you are unsure about your protections, contact us immediately for a case evaluation.

Step 2: Determine if you are protected by the Tenant Protection Act (Cal. Civ. Code § 1946.2.) The Tenant Protection Act imposes various requirements on landlords and protects many tenants statewide. To be covered, you must generally live in a multifamily property built more than 15 ago (subject to specific exemptions). Crucially, this state law applies in addition to, and often works alongside, stronger local ordinances like San Diego's. You may be protected by both. Looking to your lease is the best place to start when trying to determine whether the Tenant Protection Act applies.

Step 3: Look closely at the eviction notice for fatal errors. Many eviction notices in San Diego contain errors that can invalidate them under California and local law. Common errors include:

• Notice incorrectly stating the amount of rent owed or the date it became due under California Code of Civil Procedure § 1161.
• Failing to state a valid "just cause" if required by state or local law.
• Failing to provide a proper opportunity to "cure" (fix) a lease violation, especially where state or local tenant's laws apply.
• Improper service (the notice wasn't delivered correctly as required by California Code of Civil Procedure § 1162).
• For owner move-in or renovictions, failing to provide required relocation assistance or follow strict procedural rules can be both a defense and a strong affirmative weapon.

Landlords acting in bad faith—for example, claiming an owner move-in but then re-renting the unit at a higher price. Do not assume the notice is valid. Reach out now to have Dobson Justice review your notice in a free consultation.

If you receive any form of public housing assistance or live in low-income rental housing, there is also a chance that there are additional notice requirements under federal or other state law. A landlord's failure to include the required language can sometimes even create affirmative claims for you.

Step 4: Know your deadlines and decide your strategy. You have a very short window to act.

• Notice Period: A typical 3-Day Notice to Pay Rent or Quit gives you 3 days (not including weekends or court holidays) to pay rent or move out. If you decide to move out, you should refer to your lease for proper procedures on providing notice that you are moving out.
• Lawsuit Response Deadline: If the landlord files an Unlawful Detainer lawsuit, you typically have only 10 days, excluding court holidays and weekends, to file a formal written Answer with the court. Missing this deadline can result in an automatic loss known as a default judgment.

Your strategy—whether to negotiate, fight to stay, or move out and potentially pursue a wrongful eviction claim—depends on the notice's validity, your evidence, and your goals. Time is your most limited resource.

Step 5: Seek legal assistance immediately. Eviction defense is complex, and California law requires that they operate on an expedited "summary proceeding" timeline. An advocate who knows state laws, local ordinances, and court procedures can make all the difference. Calling Dobson Justice can get you a free assessment into the strengths of your eviction defenses and whether you might have any affirmative causes of action. You'll need to analyze your notice for fatal defects under all applicable laws. Respond to the lawsuit before the deadline. Assert defenses based on California and San Diego tenant protections. Navigate settlement negotiations to preserve your rights and credit while simultaneously preparing for court appearances to argue your case.