If you own or operate rental property in San Diego, a proposed change to the City’s short-term rental rules could make no-fault eviction documentation more consequential. The proposal is not in effect, and a lawful owner move-in or substantial remodel would not, by itself, disqualify a property from becoming a short-term rental. But if the City later finds a Tenant Protection Ordinance violation, the proposed rule could put a short-term rental license at risk.

That is a compliance issue worth understanding before you serve a notice, negotiate a tenant buyout, or apply for a short-term rental license. Here is what the City discussed, what remains uncertain, and what you can do to protect your records and plans.

What is the San Diego short-term rental loophole?

The reported loophole is a gap between the City’s short-term rental licensing process and its enforcement of tenant protections. As inewsource’s February 2026 investigation explained, the City had no mechanism to verify whether a no-fault eviction was lawful before issuing a short-term rental license.

A no-fault eviction ends a tenancy for a reason unrelated to the tenant’s conduct, for example, a qualifying substantial remodel or an owner or eligible family member moving into the home. California law permits these reasons only when the applicable requirements are met. Reporting described investors buying multifamily properties, removing long-term tenants through buyouts or no-fault evictions, and then listing units on short-term rental platforms.

For a landlord with a legitimate reason to recover a unit, the issue is not that every no-fault eviction is improper. It is that a property’s later use may draw scrutiny if the City suspects the stated reason for ending the tenancy was not genuine or the required steps were not followed.

What did the City discuss on October 21, 2026?

At the October 21 meeting of the San Diego City Council’s Community and Neighborhood Services Committee, Councilmember Jennifer Campbell’s office presented proposed changes to the short-term rental ordinance. The proposed amendment would allow the City to deny or revoke a short-term rental license if the owner is found to have violated the City’s Tenant Protection Ordinance.

The proposal was discussed as a new enforcement tool, not an automatic ban on short-term rentals after any no-fault eviction. The important distinction for you is whether the City finds a violation. A lawful eviction supported by a genuine, documented reason is different from an eviction that violates tenant-protection requirements.

KPBS reported on October 14, 2026 that the proposed amendments were intended to address the loophole. In Cody Dulaney’s October 28 inewsource report, City representatives described a complaint-driven approach: City staff would not proactively screen every short-term rental application against tenant-protection violations.

Instead, a tenant who believes a violation occurred would need to report it to the City Attorney’s Housing Protection and Code Compliance Unit. The City Attorney’s Office would evaluate the complaint and, if it finds a violation, coordinate with City staff about denying or revoking the license. You can review the Unit’s information and complaint options.

Why could complaint-driven enforcement affect your rental business?

Under the proposal, a complaint could bring an earlier eviction, the owner’s stated reason, and the property’s subsequent short-term rental use into one review. That means your notice, permits, communications, and records of what happened after the tenant left may matter if the City investigates.

The process also leaves an information gap: the City is not proposing to check every application for a prior tenant-protection violation before issuing a license. As inewsource reported, housing advocates have raised concerns that displaced tenants may lack the time or resources to investigate and report a suspected violation. From an owner’s perspective, that uncertainty means you should not assume that the absence of an immediate complaint or license issue confirms that your process complied with every applicable rule.

There is also uncertainty around the City’s planned eviction notice registry. The registry was intended to collect information about eviction notices and could potentially help officials compare an eviction with a short-term rental application. But its development stalled after a budget shortfall in early 2025, and its current status is unclear. The City’s tenant protection law calls for landlords to notify the Housing Commission once a submission portal is established; according to the October 28 report, that portal did not yet exist.

What should you document before a no-fault eviction?

If you are considering any no-fault eviction in San Diego, organize your records before you serve notice. The exact requirements depend on the reason, the property, and the tenancy, so do not treat this list as a substitute for reviewing the rules that apply to your situation.

• For a substantial remodel, document the actual project. The notice may need an itemized statement describing the scope of work and copies of required permits. Keep plans, permits, contractor proposals, schedules, invoices, and dated photographs as the project progresses.
• For an owner or family-member move-in, document the intended occupancy. The eligible relative generally must move in within 90 days and use the property as a primary residence for at least 12 consecutive months. Keep records that show when the move-in occurred and that the required use continued.
• Serve a complete notice on the correct timeline. Requirements vary based on the legal basis for ending the tenancy and other circumstances. Keep a copy of the notice, proof of service, and related communications.
• Document any buyout carefully. Keep the written agreement, disclosures, payment records, and communications showing the terms were voluntary and compliant with applicable requirements. Do not assume that calling a payment a buyout resolves every legal issue.
• Keep records of what happened after the tenant left. If you relied on a remodel or move-in reason, preserve documentation showing that the stated use actually took place. A later short-term rental plan that conflicts with the stated reason may invite questions.

A license consequence under the proposal would follow a City finding of a Tenant Protection Ordinance violation, not simply the fact that a unit became a short-term rental. Still, well-organized records can help you explain the facts if your actions are questioned.

What is still unknown about the proposed crackdown?

As of November 6, 2026, the committee has discussed the proposed amendments, but a full City Council vote has not been scheduled. The effective date is unknown because the proposal has not been enacted. The City has also said it will not proactively screen applications, and the approach described depends on tenants reporting suspected violations.

Councilmember Campbell is due to term out in early December, adding a timing question, but that does not establish when, or whether, the full Council will vote. Before you make a major decision involving a no-fault eviction or a short-term rental conversion, check the San Diego City Council agenda and confirm the rules currently in force. Do not rely on a proposal as though it were already law.

When should you contact an eviction attorney in San Diego?

If you are weighing a remodel, owner move-in, tenant buyout, or short-term rental application, it may help to review the plan and records before you act. An eviction attorney in San Diego can help you understand notice requirements and the risks tied to your stated reason for ending a tenancy. If you are searching for eviction attorneys San Diego or a San Diego eviction attorney, look for counsel who can assess both the landlord-tenant rules and your property’s intended use.

Andrew H. Griffin, III has represented San Diego County landlords since 1983 and is both an attorney and a California-licensed real estate broker. The Law Office of Andrew H. Griffin, III, APC provides English and Spanish services and can discuss your circumstances before you make a significant property decision.

To speak with the firm, call 619 853-3009, text 619 330-5456, or use the contact page.