If you own or manage rental property in San Diego County, a rent increase that seems routine deserves careful review right now. California’s emergency price-gouging protections apply to residential rental housing in the county because of the Tropical Storm Rachel emergency proclamation. As of October 23, 2026, the California Governor’s Office of Emergency Services (Cal OES) lists the rental housing protections under Penal Code sections 396(e) and (f) through November 14, 2026. Check the Cal OES price-gouging page for updates.

The central rule is straightforward, but it is not the only rent limit you need to consider: during the protection period, you generally may not advertise, offer, or charge covered rental housing at more than 10% above the applicable pre-emergency price. Exceptions are limited, local rules may be stricter, and some properties also face a lower statewide rent cap.

Which San Diego County rentals are covered by the emergency rule?

Penal Code section 396(e) applies to rental housing with an initial lease term of one year or less, including month-to-month rentals. It covers increases advertised, offered, or charged to both existing and prospective tenants. In other words, the rule may apply to a rent increase for a current tenant as well as the price you post for a vacant unit.

The benchmark is generally the rental price charged immediately before the emergency proclamation. Because Cal OES lists the Tropical Storm Rachel proclamation date as October 15, 2026, you should preserve records showing the rent or advertised price in effect before that date. The statute also contains specific rules for some housing that was not rented or advertised before the emergency, so do not assume a new listing has no price limit.

How do you apply the 10% limit?

Start with the applicable pre-emergency price, then calculate 10% of that amount. For example, if the covered unit’s relevant pre-emergency rent was $2,500 per month, the general emergency ceiling would be $2,750. This example does not account for a lower cap under the Tenant Protection Act, a local ordinance, or a statutory exception.

The rule covers more than the amount stated in a new lease. It prohibits increasing the rental price advertised, offered, or charged above the permitted amount. So, if you are preparing a new listing, do not post a price above the applicable pre-emergency price plus 10% during the protection period. Preserve screenshots, rental advertisements, signed agreements, rent ledgers, and other records that establish what price was in effect and when.

Is the 10% emergency limit the only rent cap you should check?

No. California’s Tenant Protection Act imposes a separate annual cap on covered properties, and local rent-control rules may set an even lower limit. The California Attorney General’s rent-increase limits page lists the San Diego Area cap as 8.2% for rent increases taking effect between August 1, 2026, and July 31, 2027, for units covered by the statewide law.

For a property subject to both rules, you must comply with the lower applicable limit. Thus, a covered property may be subject to an 8.2% cap even though the emergency law’s general ceiling is 10%. The Tenant Protection Act does not apply to every rental, but an exemption from that law does not automatically exempt a unit from Penal Code section 396. Check the property’s coverage, the dates that matter, and any local ordinance before setting a new rent.

What exceptions may allow an increase above 10%?

Penal Code section 396(e) provides limited exceptions. A greater increase may be allowed if you can prove that it is directly attributable to additional costs for repairs or additions beyond normal maintenance, amortized over the rental term that caused the rent increase. A higher increase may also be allowed if the tenant contractually agreed to it before the emergency proclamation.

These exceptions call for documentation, not assumptions. If you are relying on repair or addition costs, gather invoices, contractor estimates, proof of payment, and a clear calculation showing how the costs relate to the increase and are amortized over the rental term. Routine upkeep is not the same as repairs or additions beyond normal maintenance. The price-gouging rule also does not authorize a rent above what a local rent-control ordinance permits.

Can you evict a tenant and relist the rental at a higher price?

Not if the higher rent would exceed the amount the tenant could lawfully have been charged under section 396. Subdivision (f) prohibits evicting a residential tenant and then renting, or offering to rent, the unit to another person at a higher price than the evicted tenant could have been charged under the law. It is aimed at the “evict and relist higher” approach during the protection period.

The statute makes an important distinction: continuing an eviction process that was lawfully begun before the emergency proclamation is not a violation of subdivision (f). That is a specific rule about an already-started eviction process; it does not remove other legal requirements that may apply to an eviction. If you are considering ending a tenancy or have already served a notice, review the dates and facts carefully before taking the next step.

What penalties can apply to a violation?

A violation of Penal Code section 396 is a misdemeanor punishable by up to one year in county jail, a fine of up to $10,000, or both. The statute also makes a violation an unlawful business practice under Business and Professions Code section 17200. The California Attorney General and local district attorneys may enforce the law, and remedies may be cumulative.

These potential consequences make recordkeeping and a careful review of rent notices especially important. If you have already announced an increase, compare the notice and effective dates with the proclamation, the pre-emergency rent, and any applicable state or local cap. Do not rely on a general market comparison as a substitute for the legal calculations.

What should you do before changing rent or creating a vacancy?

Use this checklist to review your next step:

• Confirm the dates: Check when you advertised or offered the rent, when you served any notice, and when the increase would take effect.
• Document the baseline: Keep the rent ledger, lease, and any listing or offer showing the price before October 15, 2026.
• Check all applicable limits: Review the emergency rule, the Tenant Protection Act coverage and cap, and any local rent-control requirements.
• Support any claimed exception: Retain records of qualifying repair or addition costs and how you calculated amortization, or documentation of a pre-proclamation contractual agreement.
• Review vacancy plans: Do not raise an advertised rent above the applicable pre-emergency price plus 10% during the protection period, and carefully assess any vacancy you create before relisting.

The California Attorney General’s rent-cap information and Cal OES’s price-gouging guidance are useful starting points. You can also read about the firm’s real estate law services. Andrew H. Griffin, III has represented San Diego County landlords since 1983 and is both an attorney and a California-licensed real estate broker.

If you have questions about a rent increase, eviction timeline, or planned rental listing, contact the Law Office of Andrew H. Griffin, III, APC at 619 853-3009, text 619 330-5456, or use the contact page. English and Spanish services are available.