San Diego, California: Tenant Rights
The State of California and the federal government both have laws regarding tenant rights. Residents of San Diego, California, the state's second largest city, also have rights under local statute. It is important for you to be familiar with these rights before you sign a lease in San Diego so you will be ready to respond appropriately if your landlord violates lease terms.
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Rental Agreements
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There are two types of rental agreements in San Diego: periodic rental agreements (commonly known as "month-to-month") and more long-term leases that last six months, a year or more. A lease may be either written or oral if it is for a period of less than a year. Any lease covering more than a full year must be written.
Eviction
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All renters fear eviction. Fortunately, there are rules pertaining to eviction for landlords. Your landlord cannot throw you out of your apartment without follow legal procedures. Nor can your landlord evict you for discriminatory reasons or as an act of retaliation for insisting on your rights. When you are served with papers you must respond or your landlord will win through default. If you are in the process of being evicted, you should contact a lawyer.
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Maintenance
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Your landlord is responsible for keeping your apartment and the building in conformity with all local building codes. Always keep a copy of your checklist and take pictures of the apartment to protect yourself. If you have trouble getting repairs made, contact the city's building code enforcement agency. Then pay for the repair yourself and deduct it from your rent. After this you can consider the lease violated and can begin withholding rent or can vacate the building.
Personal Privacy
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The law entitles you to quiet enjoyment of your apartment and the premises. Your landlord must provide you with advance notice and a good reason, such as repairs, to enter the premises. Your landlord may also enter without notice in an emergency or if he reasonably believes that you have abandoned the premises. Your landlord also has an obligation to keep private the information that you furnish him when you fill out paperwork for a lease.
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