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)).
- Downtown Superior Court (Civil, Depts. 1-16) — 191 N. First St., San Jose, CA 95113 · website
- Old Courthouse (Civil, Depts. 17-22) — 161 North First Street, San Jose, CA 95113 · website
Court eviction page · E-filing · Search court records · Self-help center
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.
How eviction cases work locally
| Eviction mediation | Court self-help page points to Judicial Council eviction mediation info and Project Sentinel dispute resolution. Source: Official source |
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The California eviction process
California state law sets the notice periods and court steps everywhere in the state, including Santa Clara County (San Jose):
- 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
- Landlord files an Unlawful Detainer complaint and the tenant is served with the summons and complaint
- 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)
- 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
- Judgment for possession; landlord obtains a Writ of Execution and delivers it to the sheriff
- 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)
- Housing assistance discrimination: It is unlawful to refuse to rent, end or set different terms for a rental, misrepresent availability, publish discriminatory ads, refuse repairs or services, or use an income standard that favors income earned or rent paid directly by the tenant, wholly or partly because a person receives housing assistance (any housing or rental assistance, homeless assistance, security deposit assistance or housing subsidy program). It does not apply to an owner-occupied unit with no more than one roomer or boarder.
- Enforcement: An aggrieved person, the County Counsel, or a representative organization may sue. Damages are three times one month's rent for the unit, plus $200-$400 punitive damages per violation and attorneys' fees; violations are also misdemeanors (up to $1,000 and/or 6 months). A person must first receive a one-time written notice of the ordinance and the alleged violation before liability attaches.
Eviction help in Santa Clara County (San Jose)
Free legal help
- Law Foundation of Silicon Valley — Listed on the court's eviction self-help page.
- Bay Area Legal Aid — Free legal help with housing (court listing).
- Asian Law Alliance — Listed on the court's eviction self-help page.
- Project Sentinel — Landlord-tenant dispute resolution.
City rules in Santa Clara County (San Jose)
Other California counties
- Eviction in Los Angeles County (Los Angeles, Long Beach)
- Eviction in San Diego County (San Diego)
- Eviction in Orange County (Santa Ana, Anaheim, Irvine)
- Eviction in Alameda County (Oakland, Fremont, Hayward)
- Eviction in San Bernardino County (San Bernardino, Fontana, Rancho Cucamonga)
- Eviction in Riverside County (Riverside, Moreno Valley)
- Eviction in Sacramento County (Sacramento)
- Eviction in City and County of San Francisco
- Eviction in Fresno County (Fresno)
- Eviction in Contra Costa County (Concord, Richmond, Antioch)
- Eviction in Kern County (Bakersfield)
- Eviction in San Mateo County (San Mateo, Redwood City, Daly City)
- Eviction in Ventura County (Oxnard, Thousand Oaks, Ventura)
- Eviction in San Joaquin County (Stockton)
- Eviction in Sonoma County (Santa Rosa)
- Eviction in Santa Barbara County (Santa Maria, Santa Barbara)
- Eviction in Stanislaus County (Modesto)
- Eviction in Monterey County (Salinas)
- Eviction in Tulare County (Visalia)
- Eviction in Solano County (Vallejo)
- Eviction in San Luis Obispo County (San Luis Obispo)
- Eviction in Placer County (Roseville)
- Eviction in Merced County (Merced)
- Eviction in Santa Cruz County (Santa Cruz)
- Eviction in Marin County (San Rafael)
- Eviction in Butte County (Chico)
- Eviction in Yolo County (Davis)
Related
- California landlord-tenant law
- How long an eviction takes in California
- California eviction notice periods
- Notice deadline calculator
- How to evict a tenant in California (landlords)
Frequently asked questions
Where do I file an eviction in Santa Clara County (San Jose)?
How much does it cost to file an eviction in Santa Clara County (San Jose)?
Where can I get help with an eviction in Santa Clara County (San Jose)?
What is the fair market rent in Santa Clara County (San Jose)?
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.