Milpitas · Renting & eviction
Renting in Milpitas: the rules that apply
Milpitas has its own Rent Review Ordinance, a Just Cause Evictions chapter and a Tenant Protections section on top of state law. Its Conversion of Mobile Home Parks to Other Uses chapter covers only those conversions; the state relocation payment applies to other covered no-fault evictions.
Key points
- Rent review: Milpitas has a Rent Review Ordinance (Title XII, Ch. 2); state law caps increases on covered units at 8.6%.
- Just cause: Milpitas has a Just Cause Evictions chapter (Title XII, Ch. 4); under state law, covered tenancies after 12 months need a just cause.
- Relocation pay: Milpitas's mobile home park conversion chapter covers those conversions only; state law requires 1 month's rent for other covered no-fault evictions.
- Retaliation: Milpitas has a Tenant Protections section (§ XII-3-3.00). State law: 180-day retaliation ban after habitability complaints if current on rent, once per 12 months.
- Ending a tenancy: Milpitas has no notice rule of its own; state law requires 60 days' notice to end a tenancy, or 30 if under 1 year.
- Deposits: Milpitas has no deposit rule; state law limits deposits to 1 month's rent, or 2 months for some small landlords.
Each rule below is marked Milpitas code or CA state law and links to the section it comes from (extracted October 2026). General information, not legal advice.
Rent increases
Milpitas has a related local rule: Rent Review Ordinance (Title XII, Ch. 2); Mobile Home Park Rent Increases (Title III, Ch. 30); Milpitas Rent Review Ordinance: Notice, Mediation, and Board Review Guidance (city guidance). This page does not summarize it yet; read the text in the library. Where it does not apply, the state rule below does.
| Rent cap right now | 8.6% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.6% inflation) Applies: Covered units only. Inflation is the California consumer price index (Department of Industrial Relations), used for counties outside the four metro areas, April to April, as the statute requires; the figure is recomputed every year. |
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| Statewide rent increase cap (AB 1482) | 5% plus the change in cost of living, or 10%, whichever is lower, over any 12 months Applies: Covered units only; measured against the lowest rent charged in the prior 12 months. |
| Number of rent increases | No more than two increases in any 12-month period |
| Rent cap — new construction exemption | Housing with a certificate of occupancy issued within the previous 15 years is exempt (rolling) Applies: Mobilehomes excepted. |
| Rent cap — single-family home or condo exemption | A home or condo that can be sold on its own is exempt when the owner is not a REIT, a corporation or an LLC with a corporate member, and the tenant was given the written exemption notice Applies: The same exemption applies to the just-cause rule (§ 1946.2(e)(8)). |
| Rent cap — owner-occupied duplex exemption | A duplex in one building is exempt when the owner lived in the other unit at the start of the tenancy and still does, unless either unit is an ADU or JADU |
| New tenancy resets the rent | When no prior tenant remains, the owner may set the initial rent; the cap applies to later increases |
| Rent cap sunset | § 1947.12 is repealed on January 1, 2030 unless extended |
Eviction and just cause
Milpitas has a related local rule: Just Cause Evictions (Title XII, Ch. 4); Mobile Home Park Rent Increases (§ III-30-24.00). This page does not summarize it yet; read the text in the library. Where it does not apply, the state rule below does.
| Just cause required | After 12 months of lawful occupancy, the owner may terminate only for a just cause stated in the notice Applies: Covered units only (§ 1946.2(e) exempts, among others, housing built in the last 15 years and single-family homes or condos not owned by a corporation or REIT when the tenant got the required notice). If new adult tenants joined before anyone reached 24 months, all tenants need 12 months or one needs 24. |
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| Chance to cure first | For a curable lease violation, the owner must first serve a notice to cure before a 3-day notice to quit |
| Just cause — new construction exemption | Housing with a certificate of occupancy issued within the previous 15 years is exempt (rolling) Applies: Mobilehomes excepted. |
| Just cause law sunset | § 1946.2 is repealed on January 1, 2030 unless extended |
Relocation payments
Milpitas has a related local rule: Conversion of Mobile Home Parks to Other Uses (Title XI, Ch. 20) — mobile home park conversions only. This page does not summarize it yet; read the text in the library. Where it does not apply, the state rule below does.
| No-fault eviction relocation assistance | One month's rent (as relocation payment or rent waiver), paid within 15 calendar days of the notice Applies: For no-fault just causes (owner move-in, withdrawal from market, substantial remodel, government order) on covered units; regardless of the tenant's income. |
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Notices
We found no Milpitas rule on this in the Milpitas Municipal Code (extracted October 2026). The state rule below applies.
| Notice of a rent increase | At least 30 days' notice for an increase of 10% or less; at least 90 days for an increase of more than 10% Applies: The 10% is measured against the rent charged at any time in the 12 months before the increase, counting all increases in that period together. |
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| Notice to end a month-to-month tenancy (landlord) | 60 days' notice; 30 days if the tenant has lived there less than one year Applies: Where the unit is covered by just cause (Civ. Code § 1946.2) or a local ordinance, the notice must also state a qualifying cause. |
| Notice to end a month-to-month tenancy (tenant) | At least as long as the rental period (one month for a month-to-month tenancy) |
| 30-day notice when the unit is sold to an owner-occupant | 30 days' notice when a separately sellable unit is in escrow to a natural person who will live there for at least a year Applies: Notice within 120 days of opening escrow, given once, and all § 1946.1(d) conditions met. |
| Notice to pay rent or quit | 3 days, not counting Saturdays, Sundays and judicial holidays, stating the amount due and how to pay Applies: May be served any time within one year after the rent became due. |
| Notice to cure a lease violation or quit | 3 days, not counting Saturdays, Sundays and judicial holidays, to perform the broken lease term or leave |
| No fee for serving notices | A landlord may not charge the tenant a fee for serving or posting a notice |
Security deposits
CA state law Milpitas has no rule of its own on this, so California law applies. Security deposit cap: One month's rent, on top of the first month's rent (Civ. Code § 1950.5(c)(1), (c)(6)). Deposit return deadline: 21 calendar days after the tenant moves out, with an itemized statement of any deductions (Civ. Code § 1950.5(h)(1)). California security deposit law — the full state rule →
Retaliation
Milpitas has a related local rule: Tenant Protections (§ XII-3-3.00). This page does not summarize it yet; read the text in the library. Where it does not apply, the state rule below does.
| Retaliation protection period | For 180 days after a tenant complains about habitability (to the landlord or an agency), the landlord may not evict, raise rent or cut services in retaliation Applies: The tenant must not be in default on rent, and may invoke this no more than once in any 12-month period. A landlord who states a good-faith ground in the notice may still act. |
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| Retaliation damages | Actual damages plus punitive damages of $100 to $2,000 per retaliatory act (fraud, oppression or malice) |
Harassment and lockouts
CA state law Milpitas has no rule of its own on this, so California law applies. Lockouts and self-help eviction banned: A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out (Civ. Code § 789.3(b)). Utility shutoffs banned: A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out (Civ. Code § 789.3(a)). Tenant harassment and lockouts in California — the full state rule →
Repairs and habitability
CA state law Milpitas has no rule of its own on this, so California law applies. Duty to keep the unit habitable: The landlord must deliver a unit fit to live in and repair conditions that make it untenantable (Civ. Code § 1941). Repair and deduct: A tenant may make a repair the landlord neglects and deduct the cost from rent, up to one month's rent, no more than twice in any 12 months (Civ. Code § 1942(a)). Habitability and repair-and-deduct — the full state rule →
Landlord entry
CA state law Milpitas has no rule of its own on this, so California law applies. Landlord entry notice: Reasonable written notice, presumed to be 24 hours, and entry only during normal business hours (Civ. Code § 1954(d)(1), (e)). Landlord entry notice in California — the full state rule →
Short-term rentals
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| Permit or registration |
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Hotel and short-term rental tax
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Condo conversions
| Notice to tenants |
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| Tenants' right to buy |
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Other Milpitas rules on this
Milpitas's code also has these chapters. We have not summarized their values on this page yet; read them in the library.
- Rent Review Ordinance (Title XII, Ch. 2)
- Mobile Home Park Rent Increases (Title III, Ch. 30) — mobile home park spaces only
- Milpitas Rent Review Ordinance: Notice, Mediation, and Board Review Guidance (city guidance)
- Just Cause Evictions (Title XII, Ch. 4)
- Mobile Home Park Rent Increases (§ III-30-24.00) — mobile home park spaces only
- Conversion of Mobile Home Parks to Other Uses (Title XI, Ch. 20) — mobile home park conversions only
- Tenant Protections (§ XII-3-3.00)
Who this affects
Frequently asked questions
How much can rent go up in Milpitas?
Milpitas has a Rent Review Ordinance (Title XII, Ch. 2); state law caps increases on covered units at 8.6%. Milpitas also has a related rule: Rent Review Ordinance (Title XII, Ch. 2); Mobile Home Park Rent Increases (Title III, Ch. 30) — mobile home park spaces only; Milpitas Rent Review Ordinance: Notice, Mediation, and Board Review Guidance (city guidance).
Does a landlord in Milpitas need a reason to evict?
Milpitas has a Just Cause Evictions chapter (Title XII, Ch. 4); under state law, covered tenancies after 12 months need a just cause. Milpitas also has a related rule: Just Cause Evictions (Title XII, Ch. 4); Mobile Home Park Rent Increases (§ III-30-24.00) — mobile home park spaces only.
Does a Milpitas landlord have to pay relocation?
Milpitas's mobile home park conversion chapter covers those conversions only; state law requires 1 month's rent for other covered no-fault evictions. Milpitas also has a related rule: Conversion of Mobile Home Parks to Other Uses (Title XI, Ch. 20) — mobile home park conversions only.
How much notice does a Milpitas landlord have to give?
Milpitas has no notice rule of its own; state law requires 60 days' notice to end a tenancy, or 30 if under 1 year.
How much can a Milpitas landlord charge for a security deposit?
Milpitas has no deposit rule; state law limits deposits to 1 month's rent, or 2 months for some small landlords.
Can I rent out my home short-term in Milpitas?
Milpitas's code: Yes, hosted rentals only. (Primary dwelling units in the R1, R2, R3, R4, MXD, MXD3, NCMU and TC zones; a Short-Term Rental Permit and Business License are required.) (§ C.10.200); No. (Nonconforming dwelling units, except units that are legal nonconforming only for parking standards.) (§ C.10.200).
What is the hotel tax on short-term rentals in Milpitas?
Milpitas's code: at most 14% of the rent (the code states only the maximum) (§ III-13-3.00); Each operator collects the tax from every guest at the same time as the rent. (Hotel stays.) (§ III-13.5.00).
What happens to tenants when a Milpitas building converts to condos?
Milpitas's code: Tenants must get notice of the plan to convert, as the state Subdivision Map Act requires. (§ C.16.050); Tenants have the exclusive right to buy their units on the public's initial terms or better. (§ C.16.050).
General information, not legal advice.
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