Just the Facts...
What You May Not Know about The Eviction Ban
Southern California Rental Housing Association represents housing providers. We want the best for our tenants and our community. Our members provide quality homes for San Diegans to rent – apartments, condos, houses or duplexes.
The truth is that eviction is a last resort. Eviction is simply a tool to address specific situations – like a tenant who is dangerous or disruptive. It’s important to understand that most tenants suffering from COVID-19-related hardship already have added protected from evictions.
Recently, San Diego County has enacted a far-reaching Eviction Ban that goes beyond the existing COVID-19 protections for tenants. Many people don’t realize that the County’s eviction ban extends to all cities in San Diego County – not just the unincorporated areas.
The Eviction Ban is extremely broad. It affects everyone who rents out a place to live – whether it is a single-family home, an accessory dwelling unit (“granny flat”), an apartment or a room in your own home. And it doesn’t require a tenant to be facing hardship.
The Eviction Ban went into effect June 3, 2021 and there is no set end date. According to the ordinance, it will end 60 days after all stay-at-home and work-at-home orders have ended.
“Everyone knows about a prostitution business in the apartment next door to us and I was told nothing could be done. I am scared of retaliation.”
“We learned our neighbor is operating an illegal massage business, and people are coming and going at all hours of the day. We don’t feel safe here.”
No Consequences for Bad Neighbors
The Eviction Ban creates immediate problems for communities, and it is a major blow to property rights.
Most troublingly, the Eviction Ban fails to protect public safety. It doesn’t allow evictions of violent, lawbreaking or nuisance-creating tenants unless the landlord can prove an “imminent health and safety threat.”
Right now, good tenants are suffering because the bad behavior of others in their community goes unchecked. This law has emboldened some tenants to break the rules – because there are no consequences.
For example, it’s not OK to harass or assault service people at the property – but believe it or not, that’s not grounds for eviction!
It’s not OK to disturb neighbors with loud noises at night – but that’s not grounds for eviction, either.
Nor is it OK to sublease a rental home on Airbnb, or to smoke illegal drugs – with smoke drifting into other residents’ apartments. And yet, all of these have been deemed inadequate justifications for evictions by courts under the Eviction Ban.
These are real complaints we have heard from residents. Housing providers are powerless to deal with tenants who cause problems for their neighbors.
“We are terrified of our neighbor. He is aggressive and screams at us, to the point where we ask other neighbors to escort us to our door. We were told nothing can be done to remove him as it is not an immediate threat to health and safety.”
“I want to move back into my condo, but I can’t. My tenant hasn’t paid rent in a year and I could lose the home. I’ve been in tears about this.”
Homeowners Can’t Move In
The Eviction Ban tramples on property rights. Troublingly, it doesn’t allow financially stressed owners to move into their own homes.
This is a serious problem for our military service members. Many people serving in the U.S. Army, Navy or Marines in San Diego purchase a home, and then rent it out when they are deployed elsewhere. They naturally expect to be able to move into their own home when they return – but that’s not allowed under the Eviction Ban.
This is a big issue for elderly owners who are facing hardship. One San Diego woman who only owns a single condo has rented it out to a tenant. The tenant has not paid rent in a year, and the owner is financially stressed. She now wishes to move into her own condo, but she is unable to remove the tenant. The owner has broken down in tears many times over her inability to access her own home.
The eviction process is complex, highly regulated and requires many steps. Eviction is a last resort – but it is a necessary tool to protect rental communities.
Our tenants’ and owners’ concerns are real and valid. That’s why we have filed a lawsuit against San Diego County challenging the Eviction Ban.
Get the facts about the Eviction Ban!
- San Diego County Eviction Ban Fact #1: The eviction ban prevents military service members moving back to San Diego from living in their own homes.
- San Diego County Eviction Ban Fact #2: The eviction ban doesn’t allow drug use as a grounds for eviction. Tenants are forced to put up with bad neighbors – with no way to remove them.
- San Diego County Eviction Ban Fact #3: The eviction ban erodes property rights of homeowners. It applies to anyone, countywide who rents out even one home or a portion of a home to a tenant.
- San Diego County Eviction Ban Fact #4: The eviction ban applies to property all throughout San Diego County.
That’s right – it affects property owners in San Diego, Chula Vista, Escondido, San Marcos, Carlsbad, National City, Santee, El Cajon, La Mesa, Lemon Grove, Poway, Oceanside, Vista, Del Mar, Encinitas, Solana Beach, Imperial Beach and Coronado, as well as unincorporated areas.
- San Diego County Eviction Ban Fact #5: The eviction ban doesn’t allow illegal activities like prostitution as a grounds for eviction.
- San Diego County Eviction Ban Fact #6: Bad behavior by tenants – such as harassing neighbors – goes unchecked under the Eviction Ban.
- San Diego County Eviction Ban Fact #7: The eviction ban prevents elderly homeowners in financial hardship from living in their own homes.
- San Diego County Eviction Ban Fact #8: A tenant subletting out a rental property faces no consequences because of the Eviction Ban. Even if it is a violation of the rental agreement, the housing provider cannot evict the tenant.
“Since returning from overseas we’ve been trying to reoccupy our home… This year was an emotional and financial hell.”
“My neighbors smoke meth and I can smell them smoking meth and marijuana in our nonsmoking complex. I reported it, but nothing can be done.”
“When I bought my home, I always planned to rent it out and move back into it when the time was right. I didn’t realize this law means that I can’t do that anytime in the near future.”
“My tenant has been subletting out their home on Airbnb to multiple short-term guests, leaving the home damaged with holes in the walls. There’s nothing I can do to address it.”