New laws concerning no-fault evictions have some landlords worried.
Did you know there are new rules for selling a rental property in San Diego? Many of our clients are landlords looking to sell their properties. At the end of May, new “no-fault eviction” laws were passed in San Diego. No-fault evictions are when the tenant has been paying rent, but the landlord decides to remove the property from the rental market and sell it, move into it themselves, or have their friends or family move in.
If the landlord needs the tenant out to do significant improvements to the property, that tenant could’ve been evicted by a landlord with a 60-day written notice if they’d been there longer than one year, or with a 30-day written notice if they’ve been there less than one year. Those rules have now changed. You should consult with a landlord-tenant attorney about your situation if you’re a landlord looking to sell a property with a tenant in it right now.
When a landlord wants to sell an active rental property in San Diego, tenants can now only be evicted with a six-month written notice. This will affect many people’s plans to sell their properties because much can happen to the market in six months.
There is a second change to eviction laws. Now, if a landlord wants to make any significant alterations to the property that would require the tenant to leave, they must have an order from a court or government entity. Finally, tenants can now only be evicted with a 90-day written notice if the landlord or one of their family members is planning to move into the property.
How long will these temporary rental eviction moratorium rules last? They’re slated to last until September 30, 2022, or 60 days after the state of emergency (that has been declared in San Diego county by our mayor) is to end. I will update you when I know more concrete details. In the meantime, please consult with a landlord-tenant attorney if you are looking to sell any rental property you own, and call me if you need a referral or have any questions. I look forward to hearing from you.