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San Jose · Renting & eviction

Renting in San Jose: the rules that apply

San Jose adds a rent limit for rent-stabilized units, just-cause protection from the first day for the units its just-cause rules cover, and buyout rules. Security deposits, lockouts, repairs and landlord entry follow state law.

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Key points

  • Rent increases: City rule: rent-stabilized units are limited to a 5% yearly increase and no more than 1 increase in any 12-month period.
  • Just cause: City rule: rent-stabilized units, units in multi-unit buildings (not permitted hotels or motels), guesthouse rooms and unpermitted units have just cause from day 1.
  • Ending a tenancy: State law: 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than 1 year.
  • Relocation pay: State law: no-fault evictions from covered units require 1 month's rent, paid within 15 calendar days of the notice.
  • Buyouts: City rule: landlords must give the City's disclosure form, and tenants may cancel within 45 days of signing when the city's conditions are met.
  • Security deposits: State law: at most 1 month's rent, or 2 for qualifying small landlords; returned within 21 calendar days after move-out with itemized deductions.

Each rule below is marked San Jose code or CA state law and links to the section it comes from (checked October 2026). General information, not legal advice.

Rent increases

San Jose code City rule: rent-stabilized units are limited to a 5% yearly increase and no more than 1 increase in any 12-month period.

All 17 San Jose rules on rent increases, with the code text and the state law underneath →

Eviction and just cause

San Jose code City rule: rent-stabilized units, units in multi-unit buildings (not permitted hotels or motels), guesthouse rooms and unpermitted units have just cause from day 1.

All 14 San Jose rules on eviction and just cause, with the code text and the state law underneath →

Relocation payments

San Jose code What San Jose's code adds
Amount
  • The difference between the pre-conversion rent and the rent of a comparable replacement unit.
    Applies: Only for condo or community apartment conversions, and only if the city requires a relocation and purchase assistance plan, which may include this.
    § 20.170.430 · code text
    A rental assistance payment to displaced tenants of a project equal to the difference between the pre-conversion rent and that of a comparable replacement unit for up to twenty-four (24) months to mitigate any rent increase due to relocation.
When it is paid
  • For up to 24 months.
    Applies: Only for condo or community apartment conversions, and only if the city requires a relocation and purchase assistance plan, which may include this.
    § 20.170.430 · code text
    A rental assistance payment to displaced tenants of a project equal to the difference between the pre-conversion rent and that of a comparable replacement unit for up to twenty-four (24) months to mitigate any rent increase due to relocation.
When relocation is owed
  • Tenants displaced by a condo or community apartment conversion, if the city requires a relocation and purchase assistance plan.
    § 20.170.430 · code text
    the planning commission or the city council may make any conditional use permit which may be granted under this chapter subject to a condition requiring a plan of relocation and purchase assistance for tenants of a proposed project.

CA state law Underneath, California law still applies. No-fault eviction relocation assistance: One month's rent (as relocation payment or rent waiver), paid within 15 calendar days of the notice (Civ. Code § 1946.2(d)(3)(A)). Relocation under California's just-cause law — the full state rule →

Notices

San Jose code What San Jose's code adds
What a notice must say
  • statement that the developer intends to convert the building to a project, will file an application for a conditional use permit with the City of San José, and has or will file an application for a final public report with the California Department of Real Estate
    Applies: Notice of intention to convert to condominiums or a community apartment project, given to each tenant at least 60 days before the conversion permit application
    § 20.170.400 · code text
    Said notice of intention to convert shall contain a statement that the developer intends to convert the building to a project, and for that purpose that (l) he will file an application for a conditional use permit with the City of San José, and (2) he has or will file an application for a final public report with the California Department of Real Estate.
  • statement of tenants' rights, including right to terminate lease or rental agreement, limitation on increases of rent, right of continued tenancy, protection against unjust eviction, protection against coercion or retaliatory action, exclusive right of first refusal to purchase the unit, and right to quiet enjoyment
    Applies: Notice of intention to convert to condominiums or a community apartment project, given to each tenant at least 60 days before the conversion permit application
    § 20.170.400 · code text
    Said notice shall also contain a statement of tenants' rights, pursuant to Section 20.170.420, including:
  • The final public report is available on request, plus continued tenancy, exclusive first refusal to buy, and quiet enjoyment rights.
    Applies: Notice to each tenant within 5 days after the developer receives the state final public report on a condo conversion.
    § 20.170.410 · code text
    Said notice shall indicate that copies of said report are available on request, and shall contain a restatement of certain tenants' rights, pursuant to Section 20.170.420, including:
CA state law The statewide rule underneath
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.
Civ. Code § 827(b)(2), (b)(3)(A)
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.
Civ. Code § 1946.1(b), (c)
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)
Civ. Code § 1946.1(b)
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.
Civ. Code § 1946.1(d)
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.
Code Civ. Proc. § 1161(2)
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
Code Civ. Proc. § 1161(3)
No fee for serving notices
A landlord may not charge the tenant a fee for serving or posting a notice
Civ. Code § 1946.1(i)

Security deposits

CA state law San Jose 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

San Jose code The presumption period is 6 months. Organizing, petitioning government for rent relief, or using any right under the Mobilehome Rent Ordinance.

All 9 San Jose rules on retaliation, with the code text and the state law underneath →

Harassment and lockouts

CA state law San Jose 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 San Jose 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 San Jose 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 →

Buyout agreements

San Jose code What San Jose's code adds
Required disclosure
  • The landlord must give the tenant the City's disclosure form.
    Applies: Buyout offers and agreements under the city's buyout rules.
    § 17.23.700 · code text
    The purpose of this Part 7 is to increase the fairness of Buyout Offers and Agreements by requiring Landlords provide Tenants with a City Disclosure form, and permitting Tenants to rescind Buyout Agreements, provided certain conditions are met, within forty-five (45) days of executing the Buyout Agreement.
Time to cancel
  • The tenant has 45 days to cancel a buyout agreement.
    Applies: Counts from the day the buyout agreement is signed. Only when the city's listed conditions are met.
    § 17.23.700 · code text
    The purpose of this Part 7 is to increase the fairness of Buyout Offers and Agreements by requiring Landlords provide Tenants with a City Disclosure form, and permitting Tenants to rescind Buyout Agreements, provided certain conditions are met, within forty-five (45) days of executing the Buyout Agreement.

Also in San Jose's code: Rental Dispute Mediation and Arbitration (Ch. 17.23, Part 7) — excludes mobilehomes and mobilehome parks. This page does not summarize it yet.

Hotel and short-term rental tax

San Jose code What San Jose's code adds
Tax rate
  • 4% of the rent charged by the operator.
    Applies: A separate hotel tax, in addition to the 6% hotel tax.
    § 4.74.050 · code text
    For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of four percent of the rent charged by the operator.
  • 6% of the rent charged by the operator.
    Applies: A separate 4% hotel tax also applies.
    § 4.72.040 · code text
    For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of six percent of the rent charged by the operator.

Condo conversions

San Jose code What San Jose's code adds
Relocation help
  • Active help finding comparable replacement housing, and a payment to each household for displacement costs.
    Applies: Applies to tenants who will be displaced. It may be required as a condition of the conditional use permit.
    § 20.170.430 · code text
    Relocation assistance including, but not limited to, active assistance in securing comparable replacement housing for tenants who will be displaced, and a payment to each household for displacement costs.
  • A payment equal to the rent difference between the old unit and a comparable replacement, for up to 24 months.
    Applies: Applies to displaced tenants when the city requires a relocation plan as a condition of the conversion permit.
    § 20.170.430 · code text
    A rental assistance payment to displaced tenants of a project equal to the difference between the pre-conversion rent and that of a comparable replacement unit for up to twenty-four (24) months to mitigate any rent increase due to relocation.
Notice to tenants
  • Written notice of intention to convert at least 60 days before the application is filed.
    Applies: Applies to existing tenants of the proposed project.
    § 20.170.220 · code text
    Satisfactory evidence that, at least sixty (60) days prior to the date of filing such application, each of the tenants of the proposed project received, pursuant to Section 20.170.400 of this chapter, written notification of intention to convert;
  • Tenants may stay until 180 days after the final public report or lease end, whichever is longer.
    Applies: Applies after a notice of intention to convert. After that period, tenants get 30 days notice to vacate.
    § 20.170.420 · code text
    The right of continued tenancy until 180 days after issuance of the final public report or expiration of the tenant's lease or rental agreement, whichever is longer, and then only upon thirty (30) days' notice to vacate.
Tenants' right to buy
  • First right to buy the unit at no more than the public price, until 90 days after final public report.
    Applies: Applies if the tenant is not in default under the lease or rental agreement.
    § 20.170.420 · code text
    An irrevocable, nontransferable preemptive right (i.e., "right of first refusal") to purchase the unit at a price no greater than the price offered to the general public for such unit or comparable unit, if such tenant is not in default under the terms of his or her lease or rental agreement, until 90 days after issuance of the final public report.

Other San Jose rules on this

San Jose's code also has these chapters. We have not summarized their values on this page yet; read them in the library.

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

Does a San Jose landlord have to pay relocation?

State law: no-fault evictions from covered units require 1 month's rent, paid within 15 calendar days of the notice.

How much notice does a San Jose landlord have to give?

State law: 60 days' notice to end a tenancy, or 30 days if the tenant has lived there less than 1 year.

How much can a San Jose landlord charge for a security deposit?

State law: at most 1 month's rent, or 2 for qualifying small landlords; returned within 21 calendar days after move-out with itemized deductions.

What is the hotel tax on short-term rentals in San Jose?

San Jose's code: 4% of the rent charged by the operator. (A separate hotel tax, in addition to the 6% hotel tax.) (§ 4.74.050); 6% of the rent charged by the operator. (A separate 4% hotel tax also applies.) (§ 4.72.040).

What happens to tenants when a San Jose building converts to condos?

San Jose's code: Active help finding comparable replacement housing, and a payment to each household for displacement costs. (Applies to tenants who will be displaced. It may be required as a condition of the conditional use permit.) (§ 20.170.430); A payment equal to the rent difference between the old unit and a comparable replacement, for up to 24 months. (Applies to displaced tenants when the city requires a relocation plan as a condition of the conversion permit.) (§ 20.170.430).

General information, not legal advice.

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