All Laws Decoded

Eviction in Santa Clara County (San Jose), California

Where eviction cases are filed in Santa Clara County (San Jose), what it costs, local rent levels and where to get help — with the official court, county and HUD sources.

Quick facts: eviction in Santa Clara County (San Jose)

Eviction court
Superior Court of California, County of Santa Clara — Superior Court (unlawful detainer cases) Court page
Filing fee
$240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435. Judicial Council of California, Statewide Civil Fee Schedule effective Jan. 1, 2026 (rows 2, 5, 8, 9, 11, 12; appendix for Riverside/San Bernardino/San Francisco)
Notice before filing (state law)
3-day notice to pay rent or quit, excluding Saturdays, Sundays, and judicial holidays. The notice must state the amount due, the name, phone number, and address of the person to pay, and the payment method. It may be served any time within one year after the rent becomes due. California rules
HUD Fair Market Rent, 2-bedroom (FY2026)
$3,483/month HUD
Renter households
296,206 (45% of households) Census ACS 2020–2024

Last verified against official sources: 2026-10-23

Where eviction cases are filed in Santa Clara County (San Jose)

Eviction cases in Santa Clara County (San Jose) are heard by the Superior Court of California, County of Santa Clara (Superior Court (unlawful detainer cases)).

Civil cases are heard at the Downtown Superior Court and the Old Courthouse in San Jose; the court's pages do not specify a UD-only department.

How much it costs to file an eviction in Santa Clara County (San Jose)

$240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435.

Plaintiff UD fees include the extra $15 under CCP 1161.2 for limited civil UD. Low-income parties can ask the court to waive fees with Judicial Council form FW-001 (Request to Waive Court Fees). Sheriff/marshal service and lockout fees are separate and not included.

Source: Judicial Council of California, Statewide Civil Fee Schedule effective Jan. 1, 2026 (rows 2, 5, 8, 9, 11, 12; appendix for Riverside/San Bernardino/San Francisco)

How eviction cases work locally

Eviction mediationCourt self-help page points to Judicial Council eviction mediation info and Project Sentinel dispute resolution.

The California eviction process

California state law sets the notice periods and court steps everywhere in the state, including Santa Clara County (San Jose):

  1. Landlord serves a written notice: 3-day pay or quit, 3-day perform or quit, 3-day quit, or 30/60/90-day notice, with just cause stated where AB 1482 or local law applies
  2. Landlord files an Unlawful Detainer complaint and the tenant is served with the summons and complaint
  3. Tenant files a response (usually an Answer) within 10 days, excluding Saturdays, Sundays, and judicial holidays (5 more court days if served by mail through the Secretary of State's address confidentiality program)
  4. If the tenant answers, a trial is set (per the courts, usually about a month after the request); if not, the landlord can get a default judgment
  5. Judgment for possession; landlord obtains a Writ of Execution and delivers it to the sheriff
  6. Sheriff serves a Notice to Vacate giving the tenant 5 days, then performs the lockout

Full California eviction rules with sources →

Rent in Santa Clara County (San Jose)

HUD FY2026 Fair Market Rents for the San Jose-Sunnyvale-Santa Clara, CA HUD Metro FMR Area (the rent levels used for Section 8 vouchers):

Studio$2,621
1 bedroom$2,982
2 bedrooms$3,483
3 bedrooms$4,602
4 bedrooms$5,010

Source: HUD Fair Market Rent documentation

Median gross rent in Santa Clara County (San Jose): $2,857/month (Census ACS 2020–2024 5-year estimates).

Metro-wide FY2026 FMR shown. HUD says all Housing Choice Voucher programs in this area use Small Area (ZIP-code) FMRs, which vary by ZIP; see the county page on huduser.gov.

Housing assistance (source-of-income) anti-discrimination ordinance, County Ordinance Code Div. B37 (Ord. No. NS-507.1, 2017)

Applies: Unincorporated Santa Clara County (county ordinances generally apply only outside incorporated cities)

Eviction help in Santa Clara County (San Jose)

Free legal help

City rules in Santa Clara County (San Jose)

Other California counties

Related

Frequently asked questions

Where do I file an eviction in Santa Clara County (San Jose)?
Eviction cases in Santa Clara County (San Jose) are filed with the Superior Court of California, County of Santa Clara.
How much does it cost to file an eviction in Santa Clara County (San Jose)?
$240 (unlawful detainer, limited civil, demand up to $10,000); $385 (limited civil, over $10,000 to $35,000); $435 (unlimited, over $35,000). Tenant's answer: $225 / $370 / $435.
Where can I get help with an eviction in Santa Clara County (San Jose)?
Law Foundation of Silicon Valley; Bay Area Legal Aid; Asian Law Alliance; Project Sentinel.
What is the fair market rent in Santa Clara County (San Jose)?
HUD's FY2026 Fair Market Rent for a 2-bedroom unit is $3,483 per month (1-bedroom: $2,982).

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.