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San Jose · Renting & eviction

Eviction and just cause in San Jose

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.

Key points

  • 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.

Each rule below links to the section of the San Jose Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What San Jose's code says

San Jose code What San Jose's code adds
When protection starts
  • Protection starts on the first day of the tenancy.
    Applies: Rent-stabilized units, units in multi-unit buildings (not permitted hotels or motels), guesthouse rooms, and unpermitted units.
    § 17.23.1230 · code text
    Tenants of a unit or guestroom described in subsection A, above, shall be entitled to Just Cause Protections commencing on the first day of tenancy.
Allowed at-fault reasons
  • Nonpayment, material or habitual violation, substantial damage, refusing a like or new lease, nuisance, refusing access, unapproved holdover subtenant, crime.
    § 17.23.1250 · code text
    If a Landlord can show any of the following circumstances with respect to a termination of tenancy, the termination will qualify as a "Just Cause Termination."
  • Failure to pay the rent owed.
    Applies: Condominium or community apartment conversions only.
    § 20.170.180 · code text
    The tenant has failed to pay the rent to which the landlord is entitled;
  • Breaking a tenancy obligation and not fixing it after written notice.
    Applies: Condominium or community apartment conversions only.
    § 20.170.180 · code text
    The tenant has violated an obligation or covenant of the tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after receiving written notice thereof from the landlord;
  • Committing a nuisance, causing damage, or unreasonably interfering with other residents.
    Applies: Condominium or community apartment conversions only.
    § 20.170.180 · code text
    The tenant is committing or permitting to exist a nuisance in, or is causing damage to, the rental unit or to the appurtenance thereof, or to the common areas of the property containing the rental unit, or is creating an unreasonable interference with comfort, safety, or enjoyment of any of the other residents of the same or any adjacent building;
  • Using, or allowing use of, the rental unit for an illegal purpose.
    Applies: Condominium or community apartment conversions only.
    § 20.170.180 · code text
    The tenant is using or permitting a rental unit to be used for any illegal purpose;
  • Refusing to sign an allowed lease extension or renewal after the earlier lease ended.
    Applies: Condominium or community apartment conversions only. The written lease ended during a notice period or proceeding; tenant refused a written renewal request on similar terms.
    § 20.170.180 · code text
    The tenant who had a written lease or rental agreement which terminated during any notice period or proceeding under this chapter, has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further period with similar provisions, in such terms and for such period as are not inconsistent with or in violation of any provisions of this section or chapter;
  • Refusing the landlord reasonable access to the unit.
    Applies: Condominium or community apartment conversions only. Access for repairs, improvements, inspections allowed by lease or law, or showing the unit to a buyer or lender.
    § 20.170.180 · code text
    The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee;
  • A subtenant or assignee the landlord has not approved.
    Applies: Condominium or community apartment conversions only, where the lease requires landlord approval of any subtenant or assignee.
    § 20.170.180 · code text
    The person in possession of the rental unit at the end of the lease or rental term is a subtenant or assignee not approved by the landlord, where the lease or rental agreement requires approval by the landlord of any assignment or subtenancy.
Units covered
  • Rent-stabilized units, units in multi-unit buildings except permitted hotels and motels, guesthouse rooms, and unpermitted units.
    § 17.23.1230 · code text
    A. Subject to any exceptions, additions, and clarifications included in regulations that may be adopted by the City Manager for administration of this Part, this Part applies to the following:
  • Tenants of rental units in a condominium or community apartment conversion.
    Applies: Condominium or community apartment conversions only.
    § 20.170.180 · code text
    "Unjust eviction" is an eviction for other than one or more of the following reasons:
  • Tenancies in mobilehome parks.
    Applies: Only for mobilehome park conversions.
    § 20.180.250 · code text
    "Unjust eviction" means the termination of tenancy by a mobilehome park landlord for reasons other than those stated in California Civil Code Section 798.56, or its successor.
Allowed no-fault reasons
  • Substantial rehabilitation of the unit, Ellis Act removal, owner move-in, an order to vacate, or vacating an unpermitted unit.
    § 17.23.1250 · code text
    If a Landlord can show any of the following circumstances with respect to a termination of tenancy, the termination will qualify as a "Just Cause Termination."
  • Only the reasons the state Civil Code lists for a mobilehome park landlord to end a tenancy.
    Applies: Only for mobilehome park conversions, when a mobilehome park landlord ends a tenancy.
    § 20.180.250 · code text
    "Unjust eviction" means the termination of tenancy by a mobilehome park landlord for reasons other than those stated in California Civil Code Section 798.56, or its successor.

Also in San Jose's code: Rental Dispute Mediation and Arbitration (§§ 17.23.1240–17.23.1280) — excludes mobilehomes and mobilehome parks; Residential Condominium and Community Apartment Project Regulations (§ 20.170.180) — condominium and community apartment conversions only; Mobilehome Park Conversions to Resident Ownership or to Any Other Use (§ 20.180.250) — mobilehome park conversions only. This page does not summarize it yet.

The California rule underneath

Where San Jose's rule above does not cover a situation, state law still applies. For the statewide rule on its own, see Just-cause eviction in California.

CA state law The statewide rule underneath
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.
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

Who this affects

TenantsLandlordsProperty managers

Frequently asked questions

Does a landlord in San Jose need a reason to evict?

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.

General information, not legal advice.

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