San Jose Landlord-Tenant Rules
San Jose adds local rules on top of California landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| Rent stabilization | The Apartment Rent Ordinance (ARO) covers apartments in buildings of 3 or more units built and occupied before September 7, 1979. The allowable increase is one 5% increase in any 12-month period. Voucher holders are exempt from the 5% limit, and written notice under Civil Code 827 is required. Not covered: single-family homes, duplexes, condos, townhomes, ADUs, and units first rented after September 7, 1979. Vacancy decontrol: rent resets after a voluntary move-out or a lawful eviction. Landlords may petition for capital-improvement pass-throughs (capped at 3% of monthly rent) or a fair-return increase. Tenants may petition over service reductions or housing code violations. Late fees under the ARO are limited to 5% of monthly rent. The 5% figure is fixed, not CPI-based, so there is no separate 2026 figure. Chapter and fee details are from the Rental Guide: https://www.sanjoseca.gov/home/showpublisheddocument/14345/639095334442330000. Source: SJMC Ch. 17.23, Parts 1-9 |
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| Just-cause eviction | The Tenant Protection Ordinance (TPO) covers multifamily buildings of 3 or more units, guesthouses and unpermitted units. It bans no-cause notices and allows termination only for 13 listed causes. Tenant-fault causes: nonpayment, material or habitual lease violation, damage, refusal to sign a similar new agreement, disorderly conduct, refusal of lawful access, unapproved holdover subtenant, and criminal activity. Landlord causes: substantial rehabilitation, Ellis Act withdrawal, owner move-in, city code-enforcement orders requiring move-out, and converting an unpermitted unit. Landlords must serve a Resources and Referral Notice with any termination notice and file a copy of the notice with the city within 3 days (Notice of Termination Portal or TPO@sanjoseca.gov). Threatening to disclose a tenant's immigration status in retaliation is prohibited. Source: SJMC Ch. 17.23, Part 12 |
| Relocation assistance | TPO relocation benefits apply to terminations for causes 9-13 (the landlord-decision causes) and are paid at the time the notice is served: studio $6,925; 1-bedroom $8,400; 2-bedroom $10,353; 3-bedroom $12,414. For withdrawals under the Ellis Act Ordinance, the owner must put base relocation (by bedroom size) into escrow. Low-income, 62+, disabled, terminally ill and school-age-child households may get extra (qualified) assistance or an extended tenancy. All units must get 120 days' notice of intent to withdraw. Tenants have a right to return if the unit comes back on the market within 10 years. The page does not state the effective period of the TPO amounts. They are likely adjusted every year, so confirm before relying on them. Current Ellis Act amounts are only available from EllisAct@sanjoseca.gov. Ellis Act Ordinance coverage (SJMC 17.23.1120.C): rent-stabilized units, meaning apartments in buildings of 3 or more units (a 'multiple dwelling', SJMC 20.200.340) with a certificate of occupancy on or before Sept. 7, 1979, plus guesthouse rooms; it also covers all units in such a building that is temporarily exempt because it is government-owned or subsidized. Code text: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT17BUCO_CH17.23REDIMEARDWUNEXMOMOPA_PT11ELAC |
| Required notices/registration | ARO apartments must be registered every year in the city's Rent Registry. Apartments not registered by the deadline cannot receive the annual rent increase until registered. ARO buildings must post a city-approved ARO notice and give it to tenants at initial rental. TPO buildings must post or give tenants the TPO Required Posting. Registry help: (408) 975-4480, RentRegistry@sanjoseca.gov. The annual fee amount was not verified. Source: SJMC Ch. 17.23 |
| Source-of-income discrimination | The Housing Payment Equality Ordinance bans discrimination against housing voucher holders who apply for rental housing. Examples: judging ability to pay on more than the tenant's share of rent, or imposing different terms on voucher holders. The Housing Department may issue warning letters and refer violations to court or the state civil rights agency. Source: SJMC Ch. 5.10 |
| Lockouts/harassment | Under the ARO, owners may not retaliate (for example, by threatening to sue or evict) against tenants who assert their rights. Tenants can file a written complaint with the Rent Stabilization Program. The TPO bans retaliatory threats to disclose immigration status. No standalone city anti-harassment ordinance was found. Source: SJMC Ch. 17.23 |
| Habitability/code enforcement & complaint line | The Code Enforcement Division (Planning, Building & Code Enforcement) enforces the Substandard Housing chapter, runs the Multiple Housing Inspection program for multifamily properties, and takes service requests online. For case appointments: 408-535-7770, CodeEnforcementInformation@sanjoseca.gov. Problems on public streets go to San Jose 311. Multiple Housing inspection cycles and fees were not verified. |
| Eviction diversion/assistance | The city's Eviction Prevention Program (EPP) staff are at City Hall, 200 E. Santa Clara St., 12th floor, Mon-Fri 8-5: evictionhelp@sanjoseca.gov or 408-975-4444. For help paying rent, the county Homelessness Prevention System is at 408-516-5100 (preventhomelessness.org). EPP gives information and referrals. It is not a right-to-counsel program. |
Eviction cases in San Jose are heard in: Superior Court of California, County of Santa Clara (unlawful detainer)
Eviction court, fees and help
Local agencies
- San Jose Housing Department - Rent Stabilization Program — Administers the ARO, TPO, Ellis Act Ordinance, Mobilehome Rent Ordinance and Housing Payment Equality Ordinance; handles petitions and the Rent Registry. 408-975-4480 / 408-975-4470.
- Code Enforcement Division — Substandard housing complaints and multifamily inspections. 408-535-7770.
- Eviction Prevention Program — Help and referrals for tenants facing eviction. 408-975-4444.
- Law Foundation of Silicon Valley / Bay Area Legal Aid — Free legal advice and representation for low-income tenants (Law Foundation eviction clinic 408-280-2424; Bay Area Legal Aid 800-551-5554).
Frequently asked questions
What landlord-tenant rules does San Jose add on top of California law?
Rent stabilization: The Apartment Rent Ordinance (ARO) covers apartments in buildings of 3 or more units built and occupied before September 7, 1979. The allowable increase is one 5% increase in any 12-month period. Voucher holders are exempt from the 5% limit, and written notice under Civil Code 827 is required. Not covered: single-family homes, duplexes, condos, townhomes, ADUs, and units first rented after September 7, 1979. Vacancy decontrol: rent resets after a voluntary move-out or a lawful eviction. Landlords may petition for capital-improvement pass-throughs (capped at 3% of monthly rent) or a fair-return increase. Tenants may petition over service reductions or housing code violations. Late fees under the ARO are limited to 5% of monthly rent.; Just-cause eviction: The Tenant Protection Ordinance (TPO) covers multifamily buildings of 3 or more units, guesthouses and unpermitted units. It bans no-cause notices and allows termination only for 13 listed causes. Tenant-fault causes: nonpayment, material or habitual lease violation, damage, refusal to sign a similar new agreement, disorderly conduct, refusal of lawful access, unapproved holdover subtenant, and criminal activity. Landlord causes: substantial rehabilitation, Ellis Act withdrawal, owner move-in, city code-enforcement orders requiring move-out, and converting an unpermitted unit. Landlords must serve a Resources and Referral Notice with any termination notice and file a copy of the notice with the city within 3 days (Notice of Termination Portal or TPO@sanjoseca.gov). Threatening to disclose a tenant's immigration status in retaliation is prohibited.; Relocation assistance: TPO relocation benefits apply to terminations for causes 9-13 (the landlord-decision causes) and are paid at the time the notice is served: studio $6,925; 1-bedroom $8,400; 2-bedroom $10,353; 3-bedroom $12,414. For withdrawals under the Ellis Act Ordinance, the owner must put base relocation (by bedroom size) into escrow. Low-income, 62+, disabled, terminally ill and school-age-child households may get extra (qualified) assistance or an extended tenancy. All units must get 120 days' notice of intent to withdraw. Tenants have a right to return if the unit comes back on the market within 10 years.; Required notices/registration: ARO apartments must be registered every year in the city's Rent Registry. Apartments not registered by the deadline cannot receive the annual rent increase until registered. ARO buildings must post a city-approved ARO notice and give it to tenants at initial rental. TPO buildings must post or give tenants the TPO Required Posting.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.