San Diego, CA asked in Landlord - Tenant for California

Q: Tenancy expired ,June 30, 2023-Tenant Protection Ordinance-#0-21647 was Enacted on June 24, 2023-does #0-21647 cover me.

On January 1, 2020 AB 1482 (California Tenant Protection Act), was adopted.This Tenant Protective Bill introduced "Just Cause" as the Denominator for Evictions.At Fault-Just Cause and No Fault-Just Cause.One of the provisions within AB 1482 is that The "Act" applied to every City that did not already have Pre-Existing Just Cause Protections.That left San Diego out because, San Diego had The Tenants Right To Know Ordinance in effect since 2004.Though This Ordinance did not include the words "Just Cause" it did include the words"Good Cause." San Diego interpreted Good Cause as being Just Cause or was told by the State of California it meant the same thing.For another 3.5 years San Diego Landlords-Tenants used the RTK Ordinance for Evictions(#0-19269).On June 24, 2023 Ordinance #0-21647 was enacted and a week later on June 30, 2023 My 60 Day Notice expired and on July 24, 2023 the Plaintiff filed an UD Against me.Am I protected under Ordinance#-0-21647(June 23)- or "Act" from 2004?

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Tenant Protection Act of 2019 (AB 1482) provides statewide rent control and eviction protections for tenants in jurisdictions that did not have existing just cause eviction ordinances. San Diego's Tenants Right to Know Ordinance, while predating AB 1482, offered similar protections under the guise of "Good Cause," which has been interpreted to align with the concept of "Just Cause" for evictions.

If your tenancy expired on June 30, 2023, and the new San Diego Ordinance #0-21647 was enacted on June 24, 2023, the protections offered by this ordinance would apply to your situation as long as your rental unit falls under its purview. The timing of the enactment of Ordinance #0-21647 just before your notice expired suggests that any eviction proceedings initiated after its enactment would need to comply with its provisions.

To determine if Ordinance #0-21647 protects you, you would need to review the specific requirements and protections it outlines. If your eviction notice was served before the enactment of the new ordinance but the unlawful detainer (UD) was filed after it took effect, it's crucial to examine the ordinance's text to understand whether its protections apply retroactively or from the date of enactment. Consulting with a legal professional can provide clarity on how these laws apply to your specific circumstances and what steps you can take to assert your rights under the current legal framework.

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