San Diego Rent Increase Rules 2026–27: The 8.2% State Cap, Notice Deadlines and the City's Tenant Protections
San Diego doesn't have its own rent control. But most San Diego renters are still protected by California's statewide rent cap, and the City of San Diego adds its own just-cause and relocation rules on top. If you've just received a rent increase notice, the questions to ask are whether your unit is covered, whether the increase is under the cap, and whether the notice was given correctly.
This guide covers the statewide cap for San Diego County, the notice rules, the exemptions that trip people up, and what the city's Residential Tenant Protections Ordinance adds.
Last checked October 2026. Sources: California Attorney General (OAG) rent cap and tenant guidance pages, California Civil Code 1947.12, the San Diego Municipal Code, and the San Diego Housing Commission (SDHC) Tenant Protection Guide. This is general information, not legal advice.
The Short Version
The cap for San Diego County: 8.2% for rent increases taking effect between August 1, 2026 and July 31, 2027, according to the OAG. It was 8.8% for increases between August 1, 2025 and July 31, 2026.
How it's figured: 5% plus the change in the San Diego-area cost of living, or 10%, whichever is lower, over any 12-month period.
No more than two increases in 12 months for the same tenant.
Written notice: 30 days for an increase of 10% or less; 90 days for more than 10%.
Common exemptions: buildings with a certificate of occupancy in the last 15 years, and many single-family homes and condos owned by individuals who gave the required written notice.
City of San Diego extras: just cause for evictions, and two months' rent in relocation help for no-fault evictions, or three months for tenants who are 62 or older or disabled.
Free legal help: Legal Aid Society of San Diego, 1-877-534-2524.
How Much Can Your Rent Go Up?
California's Tenant Protection Act, often called AB 1482, is in Civil Code 1947.12. It says an owner can't increase rent over any 12-month period by more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower.
The cost-of-living figure for San Diego County comes from the federal Consumer Price Index for the San Diego-Carlsbad area. The OAG publishes the resulting maximum each year:
Increase takes effect | Maximum increase in San Diego County |
August 1, 2025 to July 31, 2026 | 8.8% |
August 1, 2026 to July 31, 2027 | 8.2% |
An example: if your rent is $2,400 and your increase takes effect in December 2026, the most it can rise under the state cap is 8.2%, or $196.80, bringing it to $2,596.80. The OAG notes its chart is informational and that the statute controls.
Details that change the math
It's based on the lowest rent in the past 12 months. The cap applies to the lowest rent charged for your unit at any time in the 12 months before the increase takes effect.
Discounts don't count. Rent discounts, concessions or credits you accepted are excluded when figuring that lowest rent. The lease must list the gross monthly rent and any discounts separately.
Two increases at most. If you stay in the unit, rent can't be raised in more than two increments over 12 months, and the total still can't exceed the cap.
New tenants reset it. When all prior tenants move out, the owner can set a new starting rent. The cap applies to increases after that.
Is Your Unit Covered?
The OAG says the Tenant Protection Act applies to all residential rental units except those the law specifically excludes. Under Civil Code 1947.12, the rent cap doesn't apply to:
Newer buildings: housing issued a certificate of occupancy within the previous 15 years. This is rolling, so a building gains coverage once it turns 15.
Some single-family homes and condos: property that can be sold separately from any other unit, if the owner isn't a real estate investment trust, a corporation, or an LLC with a corporate member, and the tenants were given a specific written exemption notice. For tenancies that started or renewed on or after July 1, 2020, that notice has to be in the lease.
Owner-occupied duplexes: where the owner lived in one unit when your tenancy began and still lives there.
Affordable housing restricted by deed or a government agreement.
Dorms.
Section 8 tenants are covered. The OAG specifically says market-rate tenancies paid with Section 8 Housing Choice Vouchers aren't exempt.
Check your lease. If you rent a house or condo and your lease doesn't contain the exemption statement, the cap may apply to you even if your landlord is an individual.
Notice Rules for Rent Increases
The OAG says landlords must give formal written notice of a rent increase. A phone call, text or email saying rent is going up isn't enough.
How much notice depends on the size of the increase (Civil Code 827, as summarized by the OAG):
10% or less: at least 30 days before the increase takes effect.
More than 10%: at least 90 days.
If your unit is covered by the state cap, an increase over 10% isn't allowed anyway. The 90-day rule mainly matters for exempt units. If a notice isn't in writing or wasn't delivered on time, the OAG suggests talking to a lawyer.
What the City of San Diego Adds
The City of San Diego's Residential Tenant Protections Ordinance (San Diego Municipal Code 98.0701 to 98.0709) took effect June 24, 2023. The City Council amended it in February 2024 to align with state changes that took effect April 1, 2024. The SDHC publishes the Tenant Protection Guide that explains it.
The ordinance doesn't cap rents. What it does is limit evictions and make no-fault evictions more expensive for landlords, which matters if a rent dispute turns into a move-out fight.
Where it applies: only inside the City of San Diego. The SDHC guide says it doesn't cover unincorporated San Diego County or other cities in the county, such as Chula Vista or Oceanside. Those areas rely on state law.
Section 8 included: the guide says the ordinance applies to housing where the tenant receives a Section 8 voucher.
Just cause required
A landlord in the city can't end a tenancy without just cause. The ordinance lists at-fault reasons, such as not paying rent or breaching a material lease term after written notice to correct it, and no-fault reasons, such as an owner moving in or a substantial remodel.
Relocation assistance for no-fault evictions
If a landlord ends a tenancy for a no-fault reason, the ordinance requires relocation help regardless of the tenant's income or length of tenancy. The landlord chooses one of two forms:
a direct payment equal to two months of actual rent, or three months if the tenant is a senior (62 or older) or disabled; or
a rent waiver of the same amount.
Relocation help is in addition to returning your security deposit, according to the ordinance.
Retaliation is prohibited
Section 98.0708 says a landlord shall not retaliate against a tenant for exercising rights under the ordinance. State law, Civil Code 1942.5, also bars retaliation. The OAG gives the example of a landlord trying to evict a tenant who asked for repairs or pointed out that a rent increase was unlawful.
Exemptions to the city ordinance
The city's exemptions closely mirror the state's. They include housing with a certificate of occupancy within the past 15 years, a single-family home where the landlord lives and rents out rooms, owner-occupied duplexes, and individually owned homes and condos where the tenant got the city's specific written exemption notice.
What to Do If You Think an Increase Is Too High
Find the effective date. Use the OAG's percentage for the period when the increase takes effect, not when you got the notice.
Find the lowest rent in the past 12 months, without any concessions or discounts you accepted.
Multiply that rent by the cap percentage. Compare the result with the new rent.
Count the increases. More than two in 12 months isn't allowed for covered units.
Check your lease for an exemption statement.
Write to your landlord and ask them to correct the increase. Keep a copy.
Keep paying the rent you're sure you owe while you get advice, so you don't face an eviction for nonpayment.
What the law allows if a landlord overcharges: under Civil Code 1947.12, a tenant can sue for the amount above the maximum allowed rent, plus attorney's fees at the court's discretion. If the landlord acted willfully, with oppression, fraud or malice, damages can be up to three times the overcharge. Such a lawsuit must be filed within three years. The Attorney General and local city attorneys can also enforce the cap.
Note: the rent cap is currently set to expire on January 1, 2030, unless the Legislature extends it.
Getting Help
Legal Aid Society of San Diego: free legal services for lower-income residents, including tenant rights. Call 1-877-534-2524 (1-877-LEGAL-AID) or email info@lassd.org.
San Diego Housing Commission: the Tenant Protection Guide is available at sdhc.org/tenantprotections.
California Attorney General: the rent cap chart and tenant guides are at oag.ca.gov/rentcaps.
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