Landlord Solutions San Diego Presents to PSAR: The 2026 Eviction Landscape
Attorneys Seth Barron and Mackenzie Batten were invited to present at the Pacific Southwest Association of REALTORS (PSAR) — one of San Diego County's most established real estate associations.
About PSAR
PSAR is a cornerstone of the San Diego County real estate community, empowering brokers, agents, and affiliates with education, advocacy, and community. Its values — professionalism, ethics, inclusivity, and transparency — made it the ideal venue for a frank conversation about what the 2026 eviction landscape actually looks like on the ground.
The Firm
Landlord Solutions San Diego's mission: a practice dedicated entirely to landlord-side unlawful detainer in San Diego County. Flat-fee representation — $1,500 uncontested, $4,500 contested — with court fees, process server costs, and sheriff fees included.
Part I: The Realities of Eviction
One Courtroom. One Judge. Every contested unlawful detainer in San Diego County is heard by the Hon. Rachel L. Jensen in the UD Division of San Diego Superior Court. Her calendar sets the pace for every eviction in the region.
Cases Take Time. From filing to lockout: 3 to 6 months. Uncontested cases with early agreements run about 3 months. Contested cases with demurrers, motions to quash, or trial can reach 6 to 8 months.
Tenants Have Free Resources. Landlords Don't. Legal aid funds tenant counsel, meaning tenants can appear fully represented at no cost while landlords pay out of pocket. AI tools now allow tenants to draft motions in minutes, making the playing field increasingly uneven.
Money Judgments Are Often Uncollectible. Most eviction defendants cannot pay a judgment. The real win is possession of the property.
Winning at Trial Doesn't Mean Immediate Possession. A judgment opens the door to the next queue. The Writ of Possession goes to the sheriff, and the sheriff has a line.
Part II: Same County, Different Rulebooks
San Diego County is not governed by a single eviction law. The address dictates the rulebook.
City of San Diego (SDMC 98.0701, Effective 2023)
- City-specific lease language is required — generic AB 1482 language is not enough.
- Exempt properties require city-specific exemption language, not a state law reference alone.
- Landlords must provide the Tenant Protection Guide (TPG) with any eviction notice.
- Relocation assistance is 2 to 3 months of waived rent (3 months for disabled tenants or seniors 62+).
Chula Vista and Imperial Beach
- No-fault grounds are narrowed — painting, flooring, and decorating no longer qualify as substantial remodel.
- Chula Vista requires no-fault termination notices to be filed with the City within three business days of service.
- City-specific exemption language is required.
Part III: The Five Mistakes That Void Evictions
Attorneys Seth Barron and Mackenzie Batten identified these five errors as the most common — and most costly — they see in their caseload:
01 — Generic State-Law Lease Language Properties in the City of San Diego, Chula Vista, or Imperial Beach require city ordinance language in the lease. Citing California state law alone does not satisfy local requirements.
02 — Using State Law Exemptions When a property is exempt from local protections, the exemption notice must cite the local ordinance — not just state law.
03 — Insufficient Relocation Assistance In the City of San Diego, many no-fault evictions require three months of relocation assistance. Providing less renders the notice defective.
04 — Including Late Fees or Utilities on a Pay-or-Quit Notice A Notice to Pay Rent or Quit can only demand base rent. Late fees and utilities must be pursued separately.
05 — Accepting Payment After a Notice Expires Accepting any rent payment after a notice expires — even a partial one — voids the eviction and resets the tenancy.
Four Action Items
- Audit one lease per client. Pre-2023 leases almost certainly conflict with current law.
- Know which city you're in. Verify the applicable ordinance for every address before advising a landlord client.
- Update lease language. The lease must cite the local ordinance by name.
- Loop in counsel early. The best call to an eviction attorney is the one before the notice goes out.
Landlord Solutions San Diego thanks PSAR for the opportunity to present. Questions about a tenant situation? Call (619) 259-0720 or visit LandlordSolutionsSd.com to schedule a free consultation.
