San Diego does not have local rent control, but that does not mean rent increases are unlimited. Most San Diego renters are protected by California’s statewide cap, and every renter is protected by state notice and anti retaliation rules. With a median gross rent of $2,313 a month and a median renter household income of $84,349, according to the U.S. Census Bureau’s 2020 to 2024 American Community Survey (Homzora San Diego dataset, Table B25064; Table B25119), the median rent already equals about 33 percent of the median renter household’s gross income. Knowing the limits helps.
Homzora is a housing research publisher, not a law firm. This article explains California and San Diego rules in plain English and is not legal advice for your situation.
The statewide cap: Civil Code Section 1947.12
California’s Tenant Protection Act limits rent increases over any 12 month period to 5 percent plus the percentage change in the regional cost of living, or 10 percent, whichever is lower, measured against the lowest rent charged for the unit in the prior 12 months (Cal. Civ. Code § 1947.12). The cost of living figure is the April to April change in the Consumer Price Index for All Urban Consumers for the region, and no more than two increases are allowed in a 12 month period (City of Downey, AB 1482 summary).
A worked example
Suppose the regional CPI change for the relevant April to April period were 3 percent. The cap would be 5 percent plus 3 percent, or 8 percent. On a rent of $2,313, the maximum increase over 12 months would be about $185, to roughly $2,498. If CPI rose 6 percent, the formula would produce 11 percent, but the 10 percent ceiling would apply instead. Use the actual CPI figure for the period that applies to your increase.
Units the cap does not cover
- Housing issued a certificate of occupancy within the previous 15 years, on a rolling basis.
- Single family homes and condominiums not owned by a real estate investment trust, a corporation, or an LLC with a corporate member, if the tenant received the required written exemption notice.
- A unit in a duplex where the owner occupied the other unit throughout the tenancy.
- Deed restricted affordable housing and certain dormitories.
These exemptions follow the City of Downey’s summary of the statute (City of Downey). San Diego has substantial new construction, so check your building’s age; and if you rent a house or condo from an individual, check your lease for the exemption notice. Without the notice, the exemption does not apply.
How long the cap lasts
Section 1947.12 remains in effect until January 1, 2030 under current law (§ 1947.12(o)).
Notice requirements
For month to month tenancies, Civil Code Section 827 requires at least 30 days’ written notice for an increase of 10 percent or less in a 12 month period, and at least 90 days’ notice for an increase of more than 10 percent (Cal. Civ. Code § 827). Rent under a fixed term lease generally cannot change during the term unless the lease allows it.
San Diego’s Tenant Protection Ordinance
San Diego’s Residential Tenant Protection Ordinance took effect June 24, 2023. As summarized by the Legal Aid Society of San Diego, it governs when landlords may terminate tenancies and requires relocation assistance for no fault terminations of two months of actual rent, or three months for tenants 62 or older or disabled (LASSD, Tenant Protection Ordinance FAQ). The FAQ does not describe a local rent cap; rent limits come from state law.
The ordinance matters for rent because it limits a common workaround: ending a tenancy without cause so a unit can be rerented at a higher price. With eviction protections in place, a landlord’s main tool for raising rent on a current tenant is a lawful increase within the state cap.
Retaliation
A landlord may not increase rent in retaliation within 180 days after a tenant who is not in default gives a good faith repair notice, complains to a government agency, or takes other protected actions (Cal. Civ. Code § 1942.5).
A checklist for any San Diego increase
- Is your unit exempt from the statewide cap? Check building age and, for houses and condos, the exemption notice.
- If covered, does the increase stay within 5 percent plus regional CPI, up to 10 percent, over 12 months?
- Is this more than the second increase in 12 months?
- Did you receive 30 days’ notice, or 90 days for more than 10 percent?
- Did the increase follow a repair request or complaint within 180 days?
Negotiating a renewal
About 279,300 San Diego households rent (Table B25003), and many units turn over every year with the region’s military and student populations. A tenant who pays on time and stays reduces a landlord’s turnover costs. Ask for a smaller increase in exchange for a longer term, compare current listings for similar units, and get every agreed term in writing.
Help
The Legal Aid Society of San Diego provides free legal help to eligible residents (Legal Aid Society of San Diego).
Just cause protection after 12 months
Rent rules work alongside eviction rules. Under the statewide Tenant Protection Act, once a tenancy has lasted 12 months, or 24 months in some cases when a new tenant is added, a landlord generally needs a just cause to end it, and for no fault causes must provide relocation assistance equal to one month of rent (San Mateo County, Tenant Protections under California Law). That limits a landlord’s ability to end a covered tenancy simply to reset the rent. Some housing types are exempt from these protections, using exemptions similar to those for the rent cap (City of Downey).
A sample letter questioning an increase
Date: 2026. To: [landlord]. Re: Rent increase notice for [address, unit]. I received your notice dated 2026 increasing my rent from [amount] to [amount], effective 2026. I believe my unit is covered by [the statewide rent cap in Civil Code Section 1947.12, or local rent control], and the proposed increase of [percent] exceeds the allowed amount of [percent] for this period. [I also note that an increase above 10 percent requires 90 days’ notice under Civil Code Section 827.] Please confirm the correct amount in writing. Sincerely, [name].
Keep a copy and proof of delivery, and continue paying your current rent on time while the question is resolved.
A renewal timeline
| When | What to do |
|---|---|
| 90 days before an expected increase | Confirm whether your unit is covered by local rent control, the statewide cap, or neither. |
| When the notice arrives | Check the amount, the timing since the last increase, and the notice period: 30 days, or 90 days above 10 percent (§ 827). |
| Within a week | Send any written question or counteroffer. |
| Before the effective date | Decide whether to stay, negotiate further, or give notice to move. |
If you cannot afford the increase
- Ask whether a longer lease would lower the increase.
- Ask about a smaller unit with the same landlord.
- Contact 211 for information on local rental assistance programs (211.org).
- If you decide to move, give the written notice your tenancy requires so you leave on your own schedule.
Frequently asked questions
Does San Diego have rent control?
Not a local rent control ordinance. The statewide cap in Section 1947.12 covers most rental housing that is not exempt (§ 1947.12).
My rent went up 12 percent. Is that legal?
Not for a covered unit, because the statewide cap never exceeds 10 percent in 12 months (§ 1947.12). If your unit is exempt, the increase may be legal, but it still requires 90 days’ notice on a month to month tenancy (§ 827).
Can my landlord end my tenancy instead of raising rent?
Terminations are restricted by state just cause rules and San Diego’s ordinance, which requires relocation assistance for no fault terminations (LASSD FAQ).
My building opened in 2012. Is it still exempt?
The new construction exemption covers housing issued a certificate of occupancy within the previous 15 years, on a rolling basis (City of Downey). A building first certified in 2012 leaves that window in 2027, after which the cap generally applies unless another exemption does.
Where do I find the CPI figure?
The U.S. Bureau of Labor Statistics publishes Consumer Price Index data, including regional indexes (U.S. Bureau of Labor Statistics, CPI). Use the April to April change for your area that applies to the date of your increase.
Can my landlord give me a rent increase notice by text message?
For month to month tenancies, Section 827 calls for written notice delivered personally or by mail as provided in the Code of Civil Procedure (§ 827). If you receive an increase only by text or app message, ask for proper written notice and keep a copy of everything you receive.
Does the cap apply when my fixed term lease renews?
Yes, for covered units. The statute limits increases over any 12 month period, measured against the lowest rent charged for the unit during the prior 12 months, regardless of whether the new rent arrives through a renewal lease or a notice on a month to month tenancy (§ 1947.12(a)).
Sources
- California Civil Code § 1947.12
- City of Downey, AB 1482 summary
- California Civil Code § 827
- California Civil Code § 1942.5
- Legal Aid Society of San Diego, Tenant Protection Ordinance FAQ
- U.S. Census Bureau, ACS 2020 to 2024 5 year estimates, via Homzora
- Legal Aid Society of San Diego
- 211.org
- U.S. Bureau of Labor Statistics, Consumer Price Index
- San Mateo County, Tenant Protections under California Law