Disclosing Notice of Default to Prospective San Diego Tenants
This is important information for San Diego landlords and San Diego tenants.
Every San Diego landlord who offers for rent a San Diego County residential property containing one-to-four units must disclose in writing to any prospective tenant the receipt of a notice of default that has not been rescinded. This disclosure must be made before executing a lease agreement for a San Diego property.
If a landlord violates this law, the San Diego tenant can elect to void the lease. If voided, the tenant can recover one month’s rent or twice the amount of actual damages, whichever is greater, plus all prepaid rent, as well as any other remedies available.
If the lease is not voided and the San Diego foreclosure sale has not occurred, the tenant may deduct one month’s rent from future amounts owed.
The written disclosure notice as provided by statute must be in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. A San Diego property manager will not be held liable for failing to provide the written disclosure notice unless the San Diego landlord has given the property manager written instructions to deliver the written disclosure to the tenant. This law will expire on January 1, 2018.
Senate Bill 1191 (codified as Cal. Civil Code § 2924.85)
(effective January 1, 2013).