Eviction Moratoria for Commercial Tenancies in San Diego County

July 15, 2021

Several local ordinances creating moratoriums on commercial evictions within San Diego County have now expired including Chula Vista, Escondido, La Mesa, Oceanside, Poway, San Marcos and the County of San Diego (unincorporated areas).

Governor Newsom recently extended the authority of local jurisdictions to restrict commercial unlawful detainers through September 2021 (Executive Order N-08-21). The City of Encinitas’ ordinance is still in effect and tied to the expiration of Governor Newsom’s Executive Order N-08-21. The City of Carlsbad’s ordinance, Resolution No. 2020-059 remains in effect until September 30, 2021, or until the local state of emergency is lifted (whichever occurs sooner).   

The City of San Diego passed Ordinance O-21292 on January 26, 2021, protecting covered commercial tenants through June 30, 2021, from evictions based on non-payment of rent.  As of this writing, the City of San Diego has not extended the protection beyond June 30, 2021.  Covered commercial tenants still have until the end of December 2021 to pay deferred rent; however, if a commercial tenant in the City of San Diego fails to pay rent beginning July 1, 2021, you may now serve a notice to pay rent or quit for rent due after June 30, 2021, and prosecute an unlawful detainer against a commercial tenant.  

Prior to moving forward with a notice or unlawful detainer, we recommend you consult with an attorney to review any current or newly passed extensions by any local jurisdictions. 

Please let us know how KTS can assist you. Our attorneys are available to answer any questions. Feel free to contact us at info@kts-law.com.

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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