Deferred Rent in the City of San Diego

Cynthia Stelzer, Esq.

January 5, 2022

As many of you know, on January 26, 2021, the City of San Diego passed Ordinance O-21292, which protected covered commercial tenants through June 30, 2021, from evictions based on non-payment of rent.  Covered commercial tenants had until the end of December 2021 to pay deferred rent that was due and payable from March 1, 2020 through June 30, 2021.

If you have commercial tenants that have not repaid their deferred rent, you can now serve a Notice to Pay Rent or Quit. Please note that a landlord may only seek rent for the preceding 12 (twelve) months in an unlawful detainer action.  If you have rent that is more than 12 months overdue, you can file a lawsuit for breach of lease against your tenant to recover money owed.

Please contact Cynthia Stelzer with any questions regarding this alert at cynthia.stelzer@kts-law.com or 800-574-5587.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. While KTS provides clients with information on legislative changes, our courtesy notifications are not meant to be exhaustive and do not take the place of legislative services or membership in trade associations. Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Laws may have changed since this article was published.  Before acting, be sure to receive legal advice from our office. For contact information, please visit our website:  www.kts-law.com.  For past Legal Alerts, Questions & Answers and Legal Articles, please consult the resource section of our website.

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